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^^^Jc'û.^..ir:  J) 


HARVARD 
COLLEGE 
LIBRARY 


I 


• 


DEMOCRACY  IN  AMERICA. 


BY 


ALEXIS   DE   rOC^UEVILLE. 


TRANSLATED  BY 


HENRY    REEVE,  Esq 


EDITED,   WITH  NOTES, 

THB  TSANSLATION  REVISED  AND  IN  GRKAT  PART  REMTRITTEN,  AND  TUB  ADDITIONS 
VADK  TO  THE  RECENT   PARIS  EDITIONS   NOW  FIRST  TRANSLATED, 

By    FRANCIS    BOWEN, 

ALFORD   PROFESSOR  OF  MORAL  PHILOSOPHY  IN  HARVARD  UNTVXRSITY. 


VOL.    I. 


FOURTH    EDITION. 


CAMBRIDGE: 
SEVER    AND    FRANCIS. 


• 


U-.'b 


^     A 


.« 


^A.&n\^  ^Ll  £lÀ^ 


Moltnd  aooordtng  to  Aot  of  Ooùifptm^  in  tht  year  1SG2.  bv 

John   Bartlett, 

bi  Um  Ctork^f  Offlee  of  tht  District  Court  of  the  District  of  MasMchnsetts. 


UNITERaiTY    Prkms: 
WiLOB,,  BlOILOW,    AIID    GOMrAVT, 

Cambmidoe 


1  >•■ 


'J  • 


PREFACE 


OF  THE  AMERICAN  EDITOR. 


THE  present  publication  has  been  made  to  con- 
form as  nearly  as  possible  to  the  twelfth 
edition  of  the  original  work,  the  latest  which 
appeared  at  Paris  under  the  direct  supervision 
of  the  author.  De  Tocqueville  appended  to  this 
edition,  published  in  1850,  his  essay,  written  three 
years  before,  for  the  Academy  of  the  Moral  and 
Political  Sciences,  on  Democracy  in  Switzerland  ;  a 
full  report  of  his  remarkable  Speech  in  the  Cham- 
ber of  Deputies  predicting  the  Revolution  of  1848 
just  a  month  before  its  occurrence  ;  and  a  feel- 
ing and  eloquent  Advertisement,  addressed  to  his 
countrymen,  pointing  them  to  the  example  of  the 
United  States,  and  urging  the  study  of  American 
institutions  as  affording  the  most  instructive  les- 
sons for  the  organization  and  conduct  of  the  new 
French  republic.  These  three  additions  are  here 
for  the  first  time  translated,  both  because  they 
have  an  intimate  connection  with  the  body  of  the 
work,  and  because  they  reflect  much  light  upon 
the  character  and  opinions  of  the  writer  towards 
the  close  of  his  life.  The  first  of  them  is  specially 
interesting  to  American  readers,  as  it  contains  an 
able  analysis  and  criticism  of  the  republican  in- 
stitutions of  Switzerland,  illustrated  by  îïec\v\^w\» 


IT  XDITOR'S  FBEFACE. 

compnrison  with  the  conatitutions  and  lawB  of  the 
American  republics. 

The  writer's  confidence  in  the  ultimate  succeas 
and  peaceful  estnblishment  of  democracy,  ae  the 
controlling  principle  in  the  government  of  all 
nations,  iseenis  to  have  been  not  only  not  impaired, 
but  strengthened,  in  the  latter  part  of  his  life,  by 
the  observations  which  he  continued  to  make  of 
the  trial  that  it  was  undergoing  in  the  United 
States,  and  of  the  progress  and  prosperity  of  this 
country  in  the  years  subsequent  to  the  first  pub- 
lication of  his  great  work.  And  if  his  life  had 
been  spared  to  witness  the  terrible  ordeal  to 
which  the  providence  of  God  is  now  subjecting 
us,  it  may  confidently  be  believed  that  this  trust 
on  his  part  would  not  have  been  shaken,  even  if 
he  should  have  been  compelled  to  admit,  that  the 
Federal  tie  which  once  bound  our  large  family  of 
democratic  States  together  would  probably  never 
be  reunited.  He  would  clearly  Iiave  seen,  what 
most  of  the  politicians  of  Europe  seem  at  present 
incapable  of  perceiving,  that  it  is  not  representa- 
tive democracy,  but  the  Federal  principle,  which 
is  now  on  trial,  and  that  the  only  question  is, 
whether  any  bond  is  strong  enough  to  hold  to- 
getlier  a  confederacy  so  populous  and  extensive 
as  to  form  in  the  aggregate  the  largest  and  most 
powerful  empire  that  the  world  ha»  ever  known. 
He  who  would  attempt  to  make  up  his  own  opin- 
ion on  this  great  question  can  find  no  better  gui<le 
than  in  the  present  work.  De  Tocquevillc  is  the 
friend,  but  by  no  means  the  indiscriminate  eulo- 
gist, of  American  institutions;  and  his  criticisms, 
which  are  shrewd  and  searching,  ought  to  be  oven 
more  welcome  than  his  commendations,  for  they 
Ere  more  instructive.    He  foresaw,  if  not  the  im- 


EDITOB*S  PREFACE.  V 

■ 

mmence,  at  least  the  probability,  of  tbe  great 
convulsion  which  the  country  is  now  undergo- 
ing ;  and  there  can  be  no  clearer  indication  of 
the  causes  which  have  at  last  induced  it,  than 
that  which  was  made  by  this  wise  and  impartial 
foreigner  nearly  thirty  years  ago. 

The  notes  which  I  have  made,  though  some- 
what numerous,  are  generally  very  brief  They 
are  notes,  and  not  disquisitions,  my  object  being 
only  to  elucidate  or  correct  the  text,  and  not  to 
controvert  or  supplement  it  by  foisting  my  own 
opinions  upon  the  reader's  notice.  Most  of  them 
are  only  corrections  of  slight  errors  on  points  of 
detail,  such  as  a  stranger  who  made  but  a  short 
stay  in  the  country  could  not  be  expected  to 
avoid,  or  notices  that  some  statements  now  re- 
quire to  be  limited  or  modified,  in  consequence 
of  the  changes  that  have  taken  place  during  thé 
last  quarter  of  a  century.  An  outline  sketch  of 
De  Tocqueville's  life  is  designed  only  to  satisfy 
curiosity  as  to  the  chief  points  in  his  career,  with- 
out entering  into  any  analysis  of  his  character 
and  labors.  Those  who  seek  further  information 
can  obtain  it  from  the  Memoirs  and  Correspondence 
that  have  recently  been  published  by  his  life-long 
friend,  M.  de  Beaumont. 

In  accepting  an  invitation  to  become  the  editor 
of  this  work,  I  supposed  that  it  would  only  be 
necessary  for  me  to  translate  the  new  matter  that 
had  been  appended  to  the  recent  editions  of  the 
original,  and  to  supply  such  brief  annotations  as  a 
careful  revision  of  the  text  might  show  to  be  ne- 
cessary. It  was  intended  to  furnish  an  exact  re- 
print of  the  English  translation,  which  passed  to  a 
second  edition  in  London,  a  year  ago,  under  the 
respectable  name  of  Mr.  Henry  Reeve.     Bv\\,  î^. 


LWI7 


ijaî<   recently  been  made  in  an  E 

ical.  wIj^hj  thei'e  can  be  no  .-u-j'ici'jn 

ind   verbose,  and  too  often  obscure  an 
t.     On  comparing  every  line  of  it  vritl 
il,  the  alterations  which  were  found  t 
ary  were  so  numerous  and  sweeping, 
)s  the  present  edition,  of  the  first  volun 
night  more  fitly  be  called  a  new  transk 
m  amended   one.      The   second   velum 
to  say,  is  somewhat  better  done  ;  as  it 
[led  several  years  after  the  appearance 
st,  forming  in  fkct  a  distinct  work,  the  tr 
had  found  time  to  increase  his  familia 
he  French  language,  and  even  to  make  6< 
ss  in  his  knowledge  of  English, 
is  plain  speaking,  and  I  feel  bound  to 
it,  by  offering  some  specimens  of  the  tr 
both  in  its  primitive  and  its  amended  st 
lowing  extracts  are  taken  almost  at  ran< 
le  body  of  the  book,  and  the  original  is 
3  facilitiit^  4^v>/^  i-»^ 


EDITOirS  PBEFACE.  tu 

Detant  «u  l'abaissent  les  barriËret  qni  empritoon aient  la  BOciA£  an  m^  dt 
laquelle  ilt  sont  né»;  les  vieilles  opinions,  qui  depain  de»  siècles  dirigcaiwt 
le  monde,  s'^vanonissent  ;  noe  carriÈre  presque  sKns  bornes,  un  champ  aans 
boriion  le  décooTre  :  l'esprit  humain  s'y  précipite  ;  il  les  parcourt  en  tons 
sens  ;  mais,  airijé  aox  limites  da  monde  politique,  il  s'arrête  de  lui-m£me  ; 
il  dépose  en  tremblant  l'osage  de  ses  plus  redoutables  TacuMs  ;  il  abjur«  I« 
doQte;  il  renonce  an  besoin  d'innoTer;  il  s'abstient  même  de  Boulever  la 
Toile  da  ianctiuire;  il  l'incline  avec  leipecl  devant  du  rérilds  qu'il  admet 
■ans  les  discater.  —  p.  S3. 


BeETb'H    TaiNSLlTIOK. 

Il  might  be  imagined  (hat  men  «ho 
sacriBcra  their  friends,  their  familj, 
and  their  native  land  to  a  relij^ioos 
conriction.  wei«  absorbed  in  the  pur- 
suit of  the  intellectaal  adrnntages 
which  they  purchased  at  so  dear  a 
rate.  The  energy,  however,  with 
which   they  -       .. 


ealth,   c 


enjoymi 


One  would  think  that  men  who  had 
sacrificed  their  friends,  their  family, 
and  their  native  land  to  a  nrligioai 
conviction  would  be  wholly  absorbed 
in  the  pursnit  of  the  lrea»are  which 
they  hod  just  purchased  al  so  high  a 
price.  And  yet  we  find  ihem  seeking 
with  nearly  equal  zeal  Tor  maloriu 
wealth  and  moral  good.  —  for  well- 
being  and  freedom  on  earth,  and  sal- 
vation in  heaven.  They  moulded  and 
altered  at  pleasure  all  polilieul  prin- 
ciples, and  all  human  laws  and  msli- 
tuttons  ;  they  broke  ilown  the  barrien 
of  the  society  in  which  they  were 
bom  ;  they  disregarded  the  old  prin- 
ciples whicli  hnd  governed  the  world 
for  apw  :  a  career  ivillioul  tiounds,  a 
field  without  a  horiion,  was  opened 
before  them  :  they  prcci[iitnle  them- 
selves into  it,  and  trnvcrjie  it  in  every 
direction.  But,  having  reached  the 
limits  of  the  political  norld,  they  stop 
of  their  own  accord,  and  lay  a'ida 
with  awe  the  use  of  their  most  formi- 
dable fuculties  ;  they  no  longer  doubt 
or  innovate;  Ihcy  abstain  from  rais- 
ing even  the  veil  of  the  sanetuary, 
and  bow  with  submissive  respert  lie- 
foro  trutha  which  thoy  admit  without 


and  the  comforts 
of  the  world,  is  scarcely  inferior  to 
thai  with  which  they  devoted  them» 
lelves  to  Heaven, 

Political  principles,  and  all  human 
laws  and  institutions  were  moulded 
and  altered  at  their  pleasure  ;  the 
barriers  of  the  society  in  which  they 
were  horn  were  broken  down  before 
Uiem  ;  the  old  principles  which  had 
governed  the  world  for  ages  were  no 
more  ;  a  path  without  a  term,  and  a 
field  without  an  horiion  were  opened 
to  the  exploring  and  ardent  curiosity 
of  man  :  but  ai  the  limits  of  the  po- 
litical world  he  checks  his  researches, 
he  diiicrccily  lays  aside  the  use  of  hia 
most  formid'ablo  faculties,  he  no  longer 

can^fnlly  abstamin|r  from  raisînfr  the 
curtain  of  the  sanctuary,  he  yields 
with  submissive  respect  to  truths 
which  he  will  not  disscnss.  —  p.  33. 


Che«  tea  petites  nations,  I'mil  de  la  soci(!ié  pénètre  pnrtout  ;  l'esprit 
d'amélioration  descend  jnsqne  dans  les  moindres  détails  :  l'ambition  do  peu- 
ple étant  fort  tempérée  par  sa  faiblesse,  ses  efforts  et  ses  ressources  se  tour- 
nent presque  entièrement  vers  son  bien-être  intérieur,  et  no  sont  point  sujeta 
k  se  dissiper  en  vaine  fumée  do  (tloire.  De  plus,  les  facultés  de  rhaenn  7 
étant  généraleraenl  bornées,  les  désirs  le  sont  également.  Lu  médiocrité  des 
fcrtanes  y  rend  les  conditions  k  peu  près  éi,'alcs  ;  los  mœnrs  5  oui  Miie  aWiTO 
simple  et  paisible.    AJmi,  à  tout  prendre  et  en  faisant  ëtiil  des  dWen  4e{tfA 


tOnOVS  FBXrACK 


DiAïulniMBl  dm  hi  petite*  natioia 
(nnqûlUif  que  efaei  hi  giuidM. — 


Bxnua  TxuriuTitnr. 
In  imall  natet,  tha  wBCchfnbieM 
if  iociMj  peartniM  into  oTeiy  pw^ 
jid  the  spirit  at  împravetnent  enun 
nto  the  mullut  dclaik;  the  unU- 


tamed  to  ôe  Jnierntl  well-beinë  of 
tbe  corarami^.  Mid  am  not  Uk^  U 
er^iorate  in  the  fleeting  bnath  of 
glorj.  The  powin  of  eTcrr  indirid- 
nal  being  genenllj  limitrd,  his  de- 
thct  are  proportionallj  iniilL  He- 
diocrii^  (rf  tbrlnne  nuke»  ihe  vuioiu 


for  Ihe  Tarions  doRreca  of  morality 
"hnd  Cnli)thti;niiiïn[,  wc  shnll  (tenprally 
tind  in  snmll  nnlions  more  ense,  popo- 
lalioD,  and  tratiquillily  than  in  larp 


de  monfilé  et  de  Inmifcre,  on 

plu  d'aiunce,  de  popnlatiaa  et  de 

p.  190. 

Reeve's  TRiagi.i.nc». 
In  iroftll  nfttiona  Ihe  ecntttnf  cf 
iociely  jwneiraitB  inlo  e»erj  part, 
and  Iho  ipirit  of  improrement  enten 
into  the  moit  iriflint;  ditaili  ;  u  tbe 
ambition  of  ttie  jifople  ie  ntceiiarily 
checked  hj  its  weakneH,  ail  Ihe  ef- 
foru  and  mourcca  of  the  cidtaai  an 
lumrd  to  the  internai  benelit  of  the 
commanity,  and  are  not  likol»  to 
cviipomio  in  [he  fleeting  breath  of 
ginrj.  The  dïoin;»  of  ertry  indtTld- 
nal  are  limited,  lifcanie  extiaordinan 
farntiiea  are  rarely  to  be  met  with. 
The  (tifia  of  an  equal  fortune  render 
tlic  variuni  conditionB  of  life  uniform  ) 
and  the  mannen  of  tlio  inhabitant! 
are  orderly  and  limple.  Thns,  if  one 
«Dtimale  the  gmdationi  of  popnlor 
tnoraticr  and  cn1it;litcnmcnt,  we  fUM 
generally  find  ihut  in  small  nations 
mere  arc  more  persons  in  easy  Hr- 

lution,  and  a  mure  tranquil  Etate  of 
aoeiely,  llian  in  great  empires.  —  p. 
IT6. 


On  ne  rencontrera  jamais,  qtioi  qn'on  fasse,  de  Ti^rilable  puissance  parmi 
les  hommes,  que  dans  le  conroors  libre  des  rolonK^s.  Or,  il  n'y  a  au  monde 
qnu  le  palriolismc,  ou  la  religion,  qui  puisse  fuire  marcher  pendant  long- 
temps vers  un  mCmo  but  l'unlversalitif  des  citoyens. 

Il  ne  difpeod  pas  des  lois  de  ranimer  des  croyanre'  qui  t'fteignvnt  ;  mail 
il  dë|)end  des  lois  d'int(!resser  les  hommes  an^  deftim^e;  de  lear  pays.  H 
dépend  des  lois  de  nfreiller  el  de  diriger  cel  insiinel  Ta^uc  de  la  pairie  qui 
D'abandonné  jamais  le  ccenr  de  l'homme,  et,  en  le  liant  aux  pensives,  aux 
passions,  aua  hubtiudes  de  chaque  jour,  d'en  faire  un  seniinicnt  réfléchi  et 
duralile.  Kt  qu'on  ne  dise  point  qu'il  eal  trop  uni  pour  le  tenter  ;  les  na- 
tions ne  vieillissent  point  de  la  mtlme  manière  que  les  hommes.  Chaque 
gentfralion  qui  naît  duns  leur  sein  est  comme  un  peuple  nouveau  qui  vient 
a'olTrir  &  la  main  du  le'gialalcur.  —  pp.  113,  114. 

Reeve's  Teajiblatio».  Revised  Tbakbijitioh. 

Whatever  exertions  may  be  made.  Do  what  you  may.  (here  is  no  true 
no  true  power  ran  be  raunilcd  amoni;  power  nmont;  men  exi'cpt  in  ibc  five 
men  which  does  not  drpcnd  upon  Ibe  union  of  their  will;  and  pnlriods^  or 
(rre  union  of  llicir  inclinations;  and  rclipion  are  llie  only  (wo  motives  in 
patriotism  or  rclinion  ate  Iho  only  tbe  world  ivliicli  can  long  nme  all  tha 
tra  rnorlre»  in  ihe  world  which  can     people  towards  tbe  same  end. 


EDITOB'S  PREFACE- 


IX 


permanently  direct  the  whole  of  a 
body  politic  to  one  end. 

Laws  cannot  succeed  in  rekindling 
the  ardor  of  an  extin^iished  faith  ; 
bat  men  may  be  interested  in  the  fate 
of  their  country  by  the  laws.  By  this 
influence,  the  vague  impulse  of  pa- 
triotism, which  never  abandons  the 
human  heart,  may  be  directed  and 
revived  ;  and  if  it  be  connected  with 
the  thoujuchts,  the  passions,  and  the 
daily  habits  of  life,  it  may  be  consoli- 
dated into  a  durable  and  rational  sen- 
timent. Let  it  not  be  said  that  the 
time  for  the  experiment  is  already 
past  ;  for  the  old  age  of  nations  is 
not  like  the  old  age  of  men,  and 
every  fresh  generation  is  a  new  peo- 
pie  ready  for  the  care  of  the  legis- 
Luor.  —  p.  95. 


Laws  cannot  rekindle  an  ex  tin- 
gnished  faith  ;  hut  men,  may  be  in- 
terested by  the  laws  in  the  fate  of 
their  country.  It  depends  upon  the 
laws  to  awaken  and  direct  the  vague 
impulse  of  patriotism,  which  never 
abandons  the  human  heart  ;  and  if  it 
be  connected  with  the  thoughts,  the 
passions,  and  the  daily  habits  of  life, 
it  may  be  consolidate<i  into  a  durable 
and  rational  sentiment.  Let  it  not  Ite 
said  that  it  is  too  late  to  make  the 
experiment  ;  for  nations  do  not  grow 
old  as  men  do,  and  every  fresh  gen- 
eration is  a  new  people  ready  for  the 
care  of  the  legislator.  —  p.  118. 


La  commune,  prise  en  masse  et  par  rapport  au  gouvernement  central, 
n'est  qu'un  individu  comme  un  autre,  auquel  s^appiique  la  théorie  que  je 
Tiens  d'indiquer. 

La  liberté  communale  découle  donc,  aux  États-Uni^,  du  dogme  même 
de  la  souveraineté  du  peuple  ;  toutes  les  républiques  américaines  ont  plus  ou 
moins  reconnu  cette  indépendance  ;  mais  chez  les  peuples  do  la  Nouvelle- 
Angleterre,  les  circonstances  en  ont  particulièrement  favorisé  le  développe 
ment. 

Dans  cette  partie  de  l'Union,  la  vie  politique  a  pris  naissance  au  sein 
même  des  communes  ;  on  pourrait  presque  dire  qu'a  son  origine  chacune 
d'elles  était  une  nation  indé))endante.  Lorsque  ensuite  les  rois  d'Angleterre 
réclamèrent  leur  part  de  la  souveraineté,  ils  se  bornèrent  à  prendre  la  puis- 
sance centrale.  Ils  laissèrent  la  commune  dans  l'état  où  ils  la  trouvèrent  ; 
maintenant  les  communes  de  la  Nouvelle-Angleterre  sont  sujettes  ;  mais 
dans  le  principe  elles  ne  l'étaient  point  ou  l'étaient  à  peine.  Klles  n'ont  donc 
pas  reçu  leurs  pouvoirs;  ce  sont  elles  au  contraire  qui  semblent  s'être  des- 
taissies,  en  faveur  de  l'État,  d'une  portion  de  leur  indépendance  :  distinction 
importante,  et  qui  doit  rester  présente  à  l'esprit  du  lecteur. 

Les  communes  ne  sont  en  général  soumises  à  l'État  que  quand  il  s'agit 
d'un  intérêt  que  j'appellerai  social,  c'est-k-dire  qu'elles  partagent  avec  d'autres. 
Pour  tout  ce  qui  n'a  rapport  qu'à  elles  seules,  les  communes  sont  restées  des 
corps  indépendants  ;  et  parmi  les  habitants  de  la  Nouvelle-Angleterre,  il  ne 
s'en  rencontre  aucun,  je  pense,  qui  reconnaisse  au  gouvernement  de  l'État  le 
droit  dUntervenir  dans  la  direction  des  intérêts  purement  communaux. 

On  voit  donc  les  communes  de  la  Nouvelle-Angleterre  vendre  et  acheter, 

attaquer  et  se  défendre  devant  les  tribunaux,  charger  leur  budget  ou  le 

d^rever,  sans  qu'aucune  autorité  administrative  quelconque  songe  à  s'y 

opposer. 

a* 


X                                        EDITOira  ÎBEFACE. 

Quant  anx  deroin  M«'uas,  allsi  loiit  laiiMi  d'j  latliMra.  Ain)),  rlW 
util  bciom  d'arfrent,  1>  eommaiM  n'est  pu  libre  di  lui  accorder  on  ds  loi 

moitreEso  d?  lui  fvnner  ion  territoire.    Fai^iI  nn  njglement  de  police,  U 
cuirmone  doîl  t'ex&nter.    Vent-îl  orginiicr  l'iastniction  tar  on  plan  nni- 

fonne  dans  toute  l'étendtu  da  pajt,  la  comoiDne  «al  tanne  de  el^kt  le* 
érolei  Tonlnei  par  la  loi.  —  pp.  77, 78. 

BBEvx'a  TBAHai.«TiOK.  BnnSED  Tkakuatiov. 

The  township,  lalien  m  a  «hole,  The  township,  taken  h  a  whole, 

and  in  relmion  lo  ihe  government  of  and  in  relntion  Co  the  central  |rovoni> 

tlte  rountr.T,  may  be  looked  npon  ai  menl,  ii  on];  an  fndiridnn]  lilie  any 

an  iniliviilnal  to  wlium  the  theonr  I  other  to  wbom  the  throty  I  have  jant 

have  just  uiludi-il  to  i(  applied.    Mu-  dcacribed  is  applicable.      Mnnicipal 

nii-ipal  indopendcnce  i>  Ihereftire  a  independence  in  the  United  State*  in, 

nmural  coneequenre  of  tlie  principle  Ihercrore,  a  natnral  conacqnenre  of 

iif  lh*>  Boverei|-nlT  of  the  people  in  thia  verr  principle  of  the  KDveri'iiïnty 

the  Unitvil  ^latcii  :  all  the  American  of  the  iieople.    All  the  American  re- 

n'publics  recojinize  it  more  or  leei  ;  pulili»  rciogniui  ic  mon;  or  U-t»  ;  bat 

hnt   drcumitnncei    have   peculiarlv  rircumFianrcs  bave  peeiiliarly  fiivored 

fuvorcd  ill  BTOwth  in  New  Enijlanii.  its  tjrowlli  in  Kcw  Eujrland. 

In  thin  purl  of  ihe  Union,  the  im-  In  thi*  part  of  the  Union,  political 
pulfinn  of  giolirical  aclivilr  wan  civcn  life  ha«  ils  origin  in  the  townships  ; 
in  the  lownship!)  ;  ami  il  may  almost  and  it  mar  almost  he  said  that  each 
he  said  that  eacli  of  ihem  oricinally  of  thctn  oriitinaltv  formi'il  en  indc- 
formed  an  independent  nation.  When  pendent  nation.  When  ibc  kinjr»  of 
the  kin)^  of  Knglund  aaserlcd  their  Eii);Und  oflera'ardi  ai>Bcrted  their 
auprcinacy,  they  were  contented  to  «aprcmacy,  ihey  were  content  lo  at- 
assume  the  central  power  of  the  State.  Bnme  the  central  power  of  [be  State. 
The  township»  of  New  EnijUnil  re-  They  left  the  townnbips  where  they 
mained  as  they  were  before  ;  and  aU  were  before  ;  and  alihon[;h  ther  nra 
llionj;h  tbev  are  now  anhjecl  to  tlie  now  sniiject  to  the  Slate,  they  weiu 
Suite,  they 'were  at  first  Btarccly  de-  not  nt  flrsl,  or  were  iiardly  so.  They 
pendent  upon  it.  It  i«  important  to  did  not  receive  their  power»  from  itio 
remember  that  they  have  not  been  central  autborilv.biit,on  the  coiilrari-, 
invetted  with  privilc)^!,  hnl  that  they  tlioy  (;uvc  up  a  portion  of  thrir  lode- 
have,  on  itie  eontrary.  fiitrcitcil  a  por-  pendence  to  Ibc  State.  I'his  ia  an 
tionof  theirindepenciencclotlie  Sintc.  important  distinction,  and  ono  which 
The  townships  are  only  subordinate  the  reader  inuat  constantly  nt-otlrct. 
lo  Ihe  State  in  tboae  interests  wliii'h  The  townships  nrc  iteiu-rnlly  Fuliordi- 
I  shall  term  tofial,  as  they  are  com-  nate  lo  ibo  Stale  onlv  in  those  inter- 
mon  to  nil  tliu  citinns.  Ther  are  esta  which  I  elialt  term  MnW,  as  they 
indi-pendeni  in  all  [bnl  cnncemt  ibcm-  aru  ivminon  to  nil  tite  others.  They 
i-clvrs  ;  anil  ainoiif.^t  the  inhnbllnnls  aie  inde[>endent  in  all  thai  conrvms 
iif  Xew  Knyland  I  believe  ibiit  not  a  themselves  uliinc  ;  and  amontcst  the 
man  is  to  be  found  who  would  nc-  inlmbilaiits  of  New  Enj^lund  1  lirlieve 
knowledt.ra  thai  the  State  has  any  that  not  a  man  is  to  he  fotind  who 
riaht  to  interfere  in  their  local  inU'f-  would  aeknowleiljie  tbiil  the  State 
ests.  The  towni  of  New  Knclund  has  any  rii;ht  li>  inlerfero  in  thcil 
buy  and  sell,  prosccuteoraruindieted,  town  nftiiirx.  The  tiiwns  nt  New 
•ogmentor  diminish  their  ralea.  with-  GnjtlHnd  buy  and  sell,  prosecute  or 
out  the  eli^ihlett  upgiositlon  on  the  are  indieteil,  augment  or  iliminish 
part  of  the  adminislratiru  authority  their  rules,  and  no  admin istralivc  an- 
of  tha  State.  thority  ever  thinks  uf  olTerinf  any 

They  an  bound,  however,  to  com-  Dp]io»ition. 


EDITOR'S  PREFACE. 


ply  with  the  demands  of  the  comma- 
pitv.  If  the  State  is  in  need  of  money, 
a  town  can  neither  give  nor  withhold 
the  supplies.  If  the  State  projects  a 
road,  the  township  cannot  refuse  to 
let  it  cross  its  territory  ;  if  a  police 
regulation  is  made  by  the  State,  it 
must  be  enforced  by  the  town.  A 
uniform  system  of  instruction  is  orga- 
nized all  over  the  country,  and  every 
town  is  bound  to  establish  the  schools 
which  the  law  ordains. —  pp.  60, 61. 


There  are  certain  social  duties, 
however,  which  they  are  bound  to 
fulfil.  If  the  State  is  in  need  of 
money,  a  town  cannot  withhold  the 
supplies  ;  if  the  State  projects  a  road, 
the  township  cannot  refuse  to  let  it 
cross  its  territory  ;  if  a  police  regula- 
tion is  made  by  the  State,  it  must  be 
enforced  by  the  town  ;  if  a  uniform 
system  of  public  instruction  is  enact* 
ed,  every  town  is  bound  to  establish 
the  s<'hools  which  the  law  ordains.  — 
pp.  80,  81. 


D'une  autre  part,  je  doute  fort  qu'un  vêtement  particulier  porte  les 
hommes  publics  à  se  respecter  eux-mêmes,  quand  ils  ne  sont  pas  natn- 
xellement  di8pos<ls  k  le  faire  ;  car  je  ne  saurais  croire  qu'ils  aient  plus  d'<^gard 
pour  leur  habit  que  pour  leur  personne. 

Quand  je  vois,  parmi  nous,  certains  magistrats  brusquer  les  parties  ou 
leur  adresser  des  bons  mots,  lever  les  épaules  aux  moyens  de  la  défense  et 
sourire  avec  complaisance  à  l'énumération  des  charge"*,  je  voudrais  qu'on 
essayât  de  leur  ôtcr  leur  robe,  afin  de  découvrir  si,  se  trouvant  vêtus  comme 
les  simples  citoyens,  cela  ne  les  rappellerait  pas  à  la  dignité  naturelle  de 
l'espèce  humaine. 

Aucun  des  fonctionnaires  publics  des  États-Unis  n'a  de  costume,  mais 
tons  reçoivent  un  salaire. 

Ceci  découle,  plus  naturellement  encore  que  ce  qui  précède,  des  prin- 
cipes démocratiques.  Une  démocratie  peut  environner  do  pompe  ses  ma- 
gistrats et  les  couvrir  de  soie  et  d'or  sans  attaquer  directement  le  principe 
de  son  existence.  De  pareils  privilèges  sont  passagers  ;  ils  tiennent  à  la 
place,  et  non  à  l'homme.  Mais  établir  des  fonctions  gratuites,  c'est  créer 
une  classe  de  fonctionnaires  riches  et  indépendants,  c'est  former  le  noyau 
d'une  aristocratie.  Si  le  peuple  conserve  encore  le  droit  du  choix,  l'exercice 
de  ce  droit  a  donc  des  bornes  nécessaires. 

Quand  on  voit  une  république  démocratiqne  rendre  gratuites  les  fonc- 
tions rétribuées,  je  croîs  qu'on  peut  en  conclure  qu'elle  marche  vers  la 
monarchie.  Et  quand  une  monarchie  commence  à  rétribuer  les  fonctions 
gratuites,  c'est  la  marque  assurée  qu'on  s'avance  vers  un  état  despotique  ou 
vers  un  état  républicain.  —  pp.  245,  246. 


Reete's  Tranblatiok. 

On  the  other  hand,  it  is  very  doubt- 
ful whether  a  peculiar  dress  contrib- 
ntes  to  the  respect  which  public  clmr- 
actcrs  ought  to  have  for  their  own 
position,  at  least  when  they  are  not 
otherwise  inclined  to  respect  it  When 
a  magistrate  (and  in  France  such 
inatances  are  not  rare^  indalges  his 


Revised  Translation. 

On  the  other  hand,  it  is  very  doubt- 
ful whether  a  peculiar  dress  induces 
pul)lic  men  to  respect  themselves, 
when  thcv  are  not  othen\'ise  inclined 
to  do  80.  When  a  magistrate  (and 
in  France  such  instances  are  not  rare) 
snubs  the  parties  before  him,  ot  In- 
dulges his  wit  at  iVieit  «ixp^iTv^^^  ot 


SI  SDITOB^  FBEFACE. 

triTial  vit  at  Ihe  cxpenie  of  tha  prit-  ihragf  hii  ihonldcn  tt  their  plui  of 
oner,  or  duridua  tlie  prcdicamenl  in  defunn,  or  smilca  complacentlj  ai 
which  a  culpril  i»  plaaii],  it  would  lie  the  chuvea  *it  enumerated,  I  nbonid 
well  lo  deprive  him  of  hii  robea  of  lika  to  doprin  him  of  hii  robei  uf 
office,  10  seo  whether  ho  would  recall  office,  to  aee  whether,  when  he  ii  re- 
tome  portion  of  the  n&taral  dignity  dnced  to  the  garb  of  a  prirate  cilizen, 
of  muiikiiid  when  lio  is  tcduced  to  tM  be  would  not  recall  loaie  portion  of 
apparel  iif  a  prinile  citizen.  tlie  natoral  digoitj  of  mankind. 

A  demoenii']'  miiv,  however,  allow  No  pnblic  officer  in   the   United 

a  certxln  xhow  of  mnitisterial  pomp,  Statea  ha«  an  official  costume,  but 

and  clothe   its  ofKccrs  in  »ilk>  and  even  one  of  them  receivea  ■  wlarr. 

Kold,  without  ncriouily  compromiiins;  And  (hit,  also,  iliil  more  Datarally 

lis  principleii.    I'rivilcinu  of  thia  kind  than  what  precedes,  remits  from  dem- 

are  transi  tor  v  ;   ihoy  bclotifc  to  the  oeratie  principle*.    A  democracj  maj 

place,  nnd  are  dintimt  from  the  indi-  allow  nome  magisteriBl  pomp,  and 

TÎdual  :  bat  if  public  officer!  are  not  clothe  its  offleera  in  liike  anil  gold, 

noiformlv  remunerated  by  the  Stale,  without  aeriouslj  compromisinE  ita 

the  public  chnrgm  must  DO  intrusted  principle!.  PriTilef^orthiskiud  «re 

to  men  uf  opniriire  and  independence,  iranaitorj  ;  they  belong  lo  ihe  place, 

who  constitute  the  basia  of  an  aria-  aud  not  to  the  man  :  but  if  public 

locracy  ;  and  if  the  people  still  retains  offlcen  are  unpaid,  a  class  of  rich 

it!  ri|;hi  of  cleclion,  Ihut  election  can  and  independent  public  fuaciionaricl 

only  be  made  from  a  certain  daaa  of  will  be  created,  who  will  conittitule 

citiu'ns.  the  basis  of  an  aristocracv  ;  and  if 

When  a  democratic  republic  ren-  the  people  still  retain  tbcir  riubt  of 

dcis  office!  wliic'ii  bad  formerly  been  eloclion,  the  choice  cnn  he  m«de  only 

t«munerHlC(l,  i;ralaitDus,  it  may  safely  from  a,  certain  cliiin  of  citiiens. 

be  believed  that  that  state  ia'adran-  When  a  democratic  republic  ren- 

cing  to  monarchical  institution!  ;  and  den  gratuitous  offices  which  hod  for- 

when  a  monarchy  be);in'  lo  remanvr-  merly  been  remunerated,  it  may  safely 

ale  such  uRivers  at  luid  hillierto  been  be  inferred  that  the  state  U  ndvancinj; 

unpaid,  it  is  a  sure  Bi);n   that  it  is  towards   monarchy.      And    when   a 

approaching  towartU  tt  despotic  or  a  monarchy  becins  lo  rcmunorale  such 

"■-  -   ' —    -' offiier»  aa  Iniil  liilherlo  been  nnpnid, 

it  is  a  dure  sign  llml  it  is  «pprtmuhing 
a  despotic  or  a  repuhliian  form  of 
government.  —  pp.  263,  264. 

Ce  qu'ils  apercei-aicnt  d'abord,  c'est  que  le  conseil  d'Etal,  en  Fmnce. 
Aant  un  grand  tribunal  fixé  au  centre  du  royaume,  il  y  avait  une  sorte  de 
tyrannie  à  renvoyer  pnîliminaiiement  devant  lui  tous  le!  plaignants.  — 
p.  136. 

Rebve'b  Tkanslatiou.  Betibkd  Translatiox. 

ThcT  were  at  once  led  lo  conclude  They  at  onco  perceived  that,  the 

that  lliB  Conseil  d'Etat  in  I'raneo  was  Council  of  State  in  Franco  iH'iti);  a 

a  (treat  tribunal,  eelalilislieil  in  the  grvHt  tribunal  rstabli^beil  in  llio  cen- 

cenlre  of  the   kinedom.  which  oxer-  tre  of  the  kincdom.  it  v&i  a  sort  of 

cised  a  preliminary  and  somewhat  tyranny  to  send  all  complainants  be- 

tyrannical  jurisdiction  in  all  political  fore  it  as  a  preliminary  step.  —  p.  131. 
oiuies.  — p.  108. 

Les  penplcs  cnire  eux  ne  sont  que  de*  indivEdui.  Ceil  anrtout  poor 
parattro  avec  avantage  vis-^-vit  des  âtnngen  qu'une  nation  a  bcaoin  d'an 
toaremoaieat  naiqac,  —  pp.  137,  I3S. 


■■V* 


c-    -~  ■  ■  .  -"i  ■  .  ■.: . .- 


EDITOB'S  PBEFACE.                                     xiH 

Hsbyb's  Tkanslation.  Revised  Translation. 

The  external  relations  of  a  people  The  people  in  themselves  are  only 

may  be  compared  to  those  of  private  individuals  ;  and  the  special  reason 

individoals,  and  they  cannot  be  ad-  why  they  need  to  be  united  under 

Yiuitageoasly  maintained  without  the  one  government  is,   that  they  may 

agency  of  the  single  head  of  a  Got-  tfppear  to  advantage  before  foreiga- 

emment.  —  p.  121.  ers.  —  p.  144. 


n  y  a  des  gens  en  France  qui  considèrent  les  institutions  républicaine! 
comme  Tinstrument  passager  de  leur  grandeur.  Ils  mesurent  des  yeux 
l'espace  immense  qui  8<^paro  leurs  vices  et  leurs  misères  de  la  puissance 
et  des  richesses,  et  ils  voudraient  entasser  des  ruines  dans  cet  abîme  pour 
essayer  de  le  combler.  Ceux-là  sont  à  la  liberté  ce  que  les  compagnies 
franches  du  moyen  âge  étaient  aux  rois  ;  ils  font  la  guerre  pour  leur  propre 
compte,  alors  même  qu'ils  portent  ses  couleurs  :  la  république  vivra  toujours 
assez  longtemps  pour  les  tirer  de  leur  bassesse  présente.  Ce  n'est  pas  à  eux 
que  je  parle.  —  p.  356. 

Keeve's  Translation.  Revised  Translation. 

There  are  persons  in  France  who  There  are  persons  in  France  who 
look  upon  republican  institutions  as  a  look  upon  republican  institutions  only 
temporary  means  of  power,  of  wealth,  as  a  means  of  obtaining  grandeur; 
and  distinction  ;  men  who  are  the  they  measure  the  immense  space 
condottieri  of  liberty,  and  who  fight  which  separates  their  vices  and  mis- 
for  their  own  advantage,  whatever  be  cry  from  power  and  riches,  and  they 
the  colors  they  wear  :  it  is  not  to  aim  to  fill  up  this  gulf  with  ruins, 
these  that  I  address  myself. — p.  364.     that  they  may  pass  over  it.     These 

men  are  the  condottieri  of  liberty,  and 
fijjht  for  their  own  advantage,  what- 
ever l)e  the  colors  they  wear.  The 
republic  will  stand  long  enough,  they 
think,  to  draw  them  up  out  of  their 
present  degradation.  It  is  not  to 
tliese  tha^  I  address  myself.  —  p.  393. 


Perhaps  it  is  not  too  much  to  say  of  a  work 
which  has  hitherto  been  before  the  English  and 
American  public  only  in  such  a  translation  as  this, 
that  it  still  remains  to  be  perused  by  them  for 
the  first  time  in  a  form  in  which  it  can  be  under- 
stood and  appreciated.  I  have  bestowed  a  good 
deal  of  labor  upon  it,  in  the  hope  of  aiding  the 
circulation  of  a  book  of  which  it  has  been  justly 
said  by  the  highest  living  authority  on  the  science 
of  general  politics,  Mr.  John  Stuart  Mill,  that  it>  \a 


XIV  XDITOVB  PBEFAOE. 

"such  as  Montesquieu  might  have  written,  if  to 
hiâ  genius  lie  had  superadded  good-  sense,  and  the 
lights  which  mankind  have  since  gained  from  the 
experiences  of  a  period  in  which  thej  maj  be  said 
to  have  lived  centuries  in  fifty  years."  Specially 
ought  it  to  be  generally  studied  here  in  the  United 
States,  where  no  thinking  man  who  exercises  the 
privileges  of  a  voter  can  fail  to  derive  from  it 
profitable  information  respecting  the  nature  of  the 
institutions  under  which  he  lives,  together  with 
friendly  framings  abd  wise  counsels  to  aid  him  in 
the  proper  discharge  of  his  poUtical  duties. 

ClMBRIDOB,  August  S,  ISSS. 


*^-.'-  -•.'•< 


AUTHOR'S  ADVERTISEMENT 


TO  THE  TWELFTH  EDITION.* 


HOWEVER  sudden  and  momentous  the  events 
which  we  have  just  beheld  so  swiftly  accom- 
plished, the  author  of  this  book  has  a  right  to 
say  that  they  have  not  taken  him  by  surprise.^ 
His  work  was  written  fifteen  years  ago,  with  a 
mind  constantly  occupied  by  a  single  thought,  — 
that  the  advent  of  democracy  as  a  governing 
power  in  the  world's  affairs,  universal  and  irre- 
sistible, was  at  hand.  Let  it  be  read  over  again, 
and  there  will  be  found  on  every  page  a  solemn 
^varning,  that  society  changes  its  forms,  humanity 
its  condition,  and  that  new  destinies  are  impend- 
ing. It  was  stated  in  the  very  Introduction  of  the 
work,  that  "  the  gradual  development  of  the  prin- 
ciple of  Equality  is  a  providential  fact.  It  has  all 
the  chief  characteristics  of  such  a  fact  ;  it  is  uni- 
versai,  it  is  durable,  it  constantly  eludes  all  human 

*  The  twelfth  edition  of  this  work  appcarctl  at  Paris  in  1850,  and  tliis 
Advertisement  was  prefixed  to  it  by  De  Tocquevillo  in  reference  to  the 
French  Ke volution  of  1848. — Am.  Ed. 

t  The  writer  here  alludes  to  a  speech  which  ho  made  in  the  Chamber  of 
Deputies,  on  the  27th  of  January,  1848,  just  one  month  before  the  Revolution 
was  accomplished.     He  annexed  a  report  of  this  speech  to  the  twelfth  edi- 
tion of  his  work,  and  a  truusîaûoa  of  it  will  be  found  at  Ûio  <^ii<(i  oi  Ûi<^ 
gecond  rolamo,  — 'Am.  Ed. 


XVI  AUTEOB-8  ABVEBTIEEHEST. 

interference,  and  all  events  as  well  as  all  men 
contribute  to  ita  progress.  Would  it  be  wise  to 
imagine  that  a  social  movement,  the  causes  of 
which  lie  so  far  back,  con  be  checked  by  the  e£^ 
forts  of  one  generation  ?  Can  it  be  believed  that 
the  democracy,  which  has  overthrown  the  feudal 
system  and  vanquished  kings,  wilt  retreat  before 
tradesmen  and  capitalists  ?  Will  it  stop  now  that 
it  is  grown  so  strong  and  its  adversaries  so  weak?" 
He  who  wrote  these  lines  in  ^e  presence  of  a 
monarchy  which  had  been  rather  confirmed  than 
shaken  by  the  Bcvolution  of  1830,  may  now  fear- 
lessly ask  again  the  attention  of  tlie  public  to  bis 
work.  And  he  may  be  permitted  to  add,  that  the 
present  state  of  affairs  gives  to  his  book  an  imme- 
diate interest  and  a  practical  utility  which  it  had 
not  when  it  was  first  published.  Royalty  was  then 
in  power;  it  has  now  been  overthrown.  The  in- 
stitutions of  America,  which  were  a  subject  only 
of  curiosity  to  monarchical  France,  ought  to  be  a 
subject  of  study  for  republican  France.  It  is  not 
force  alone,  but  good  laws,  which  give  stability  to 
a  new  government.  After  Uie  combatant,  comes 
the  legislator  ;  the  one  has  pulled  down,  the 
other  builds  up  ;  each  has  his  oflice.  Though  it 
is  no  longer  a  question  M-hother  we  sliall  have  a 
monarchy  or  a  republic  in  France,  we  are  yot  to 
learn  whether  we  shall  have  a  convulised  or  a 
tranquil  republic,  —  whether  it  shall  be  regular 
or  irregular,  pacific  or  warlike,  liberal  or  oppres- 
sive, —  a  republic  which  menaces  the  sacred  rights 
of  pivperty  and  family,  or  one  which  honors  and 


t^^^i^-**M 


AUTHOB'S  ADVEBTISEMENT.  xvii 

protects  them  both.  It  is  a  fearful  problem,  the 
solution  of  which  concerns  not  France  alone,  but 
the  whole  civilized  world.  If  we  Save  ourselves, 
we  save  at  the  same  time  all  the  nations  which 
surround  us.  If  we  perish,  we  shall  cause  all  of 
them  to  perish  with  us.  According  as  democratic 
liberty  or  democratic  tyranny  is  established  here, 
the  destiny  of  the  world  will  be  different;  and  it 
may  be  said  that  this  day  it  depends  upon  us, 
whether  the  republic  shall  be  everywhere  finally 
established,  or  everywhere  finally  overthrown. 

Now  this  problem,  which  among  us  has  but 
just  been  proposed  for  solution,  was  solved  by 
America  more  than  sixty  years  ago.  The  prin- 
ciple of  the  sovereignty  of  the  people,  which  we 
enthroned  in  France  but  yesterday,  has  there 
held  undivided  sway  for  over  sixty  years.  It  is 
there  reduced  to  practice  in  the  most  direct,  the 
most  unlimited,  and  the  most  absolute  manner. 
For  sixty  years,  the  people  who  have  made  it  the 
common  source  of  all  their  laws  have  increased 
continually  in  population,  in  territory,  and  in  opu- 
lence; and  —  consider  it  well  —  it  is  found  to  have 
been,  during  that  period,  not  only  the  most  pros- 
perous, but  the  most  stable,  of  all  the  nations  of 
the  earth.  Whilst  all  the  nations  of  Europe  have 
been  devastated  by  war  or  torn  by  civil  discord, 
the  American  people  alone  in  the  civilized  world 
have  remained  at  peace.  Almost  all  Europe  was 
convulsed  by  revolutions  ;  America  has  not  had 
even  a  revolt.*     The  republic  there  has  not  been 

^  Tbank  God  that  this  is  history,  though  it  is  not  the  prcaent  tact.    T^iÇi 


xvm  AFTHOS'S  ADVEBTISEIŒKT. 

the  assailant,  but  the  guardian,  of  all  veated  rights; 
the  property  of  iodividuab  has  had  better  guaran- 
ties tliere  tlian  in  any  other  country  of  the  world  ; 
anarchy  has  there  been  as  unknown  as  despotism. 
Where  else  could  we  find  greater  causes  of 
hope,  or  more  instrucUve  lessons  ?  Let  us  look 
to  Âinei'ica,  not  in  order  to  make  a  servile  copy 
of  the  institutions  which  she  has  established, 
but  to  gain  a  clearer  view  of  the  polity  which 
will  he  the  best  for  us;  let  us  look  there  less  to 
find  examples  than  instruction;  let  us  borrow  from 
her  tlie  priiiciplen,  rather  than  the  details,  of  her 
laws.  The  laws  of  the  French  republic  may  be, 
and  ought  to  be,  in  many  cases,  different  from 
those  wliich  govern  the  United  States;  but  the 
principles  on  which  the  American  constitutions 
rest,  —  those  principles  of  order,  of  the  balance  of 
powers,  of  true  liberty,  of  deep  and  sincere  respect 
for  right, — are  indispensable  to  all  republics;  they 
ought  to  be  common  to  all  ;  and  it  may  be  said 
beforehand,  that  wherever  they  shall  not  be  found, 
the  republic  will  soon  have  ceased  to  exist 

184'*. 

tcconi  ofwIiHt  our  roDtitrf  liiu  (icen,  and  of  what  she  accompliabcd  durin); 
three  qnartctB  nl  a  cfiilury,  ie  beyonil  the  power  oven  of  a  gignniii;  rtliellion 
to  llul  iiiil.  Tivt  only  tlie  faint-hearted,  on  looking  inio  the  post,  cxcIhIth, 
with  the  giTOl  Ilnlian, 

'^  KflUDD  mniiglor  dolor* 

Oh*  rlnrisnl  ds[  Uuipo  lallta 

Kcltl  tcLwrll." 

Nobler  spirit»  will  Diy,  thoa^h  the  memory  of  what  h«i  been  bo  the  only 
tar  nrhicli  gliincd  in  iho  (liii-k  darkiiesa  thai  now  sarroundï  at,  it  sliuU  li(,'lit 
lU  on  to  mi;:hticr  efforts,  and  kindle  in  onr  liearts  a  aurer  hope  of  the  ro- 
appearanrc  of  llio  day,  —  of  a  day  whose  snmihino  «hnll  not  Iw  hrokcn  even 
ir  ihK  one  dark  cloud  that  dimincd  our  former  proKpciily. Aji.  £d. 


CONTENTS. OF   VOL.  1. 


iMTBODUCnOir 


rAOM 

1 


CHAPTER  I. 
ExTEUOB  Form  of  Nobth  America 19 

CHAPTER  II. 

Origin  of  the  Anglo-Americans,  and  Importance   of   this 

Oeiqin  in  relation  to  their  Future  Condition      .         .    31 

Beasons  of  certain  Anomalies  which  the  Laws  and  Customs  of  tho 

Anglo-Americans  present 55 

CHAPTER    III. 
Social  Condition  of  the  Anglo-Americans    .        .        .        .57 

The  striking  Cliaractcristic  of  tlic  Social  Condition  of  the  Anglo- 

Amerimns  b  its  essential  Democracy 57 

Political  Consequences  of  the  Social  Condition  of  the  Anglo- Amer- 
icans   67 

CHAPTER    IV. 
Thx  Psikciplb  of  the  Sovereiontt  of  the  People  in  America     69 

CHAPTER    V. 

Necbssitt  of  Examfnino  the  Condition  of  the  States  db- 

FORB  that  of  the  Union  AT  Larob 73 

The  American  System  of  Townships 74 

Limits  of  the  Township 77 

Powers  of  the  Township  in  New  England  •        •        •        •        77 

Life  in  the  Township 80 

Spirit  of  the  Townships  of  New  England          •        •         .         •        %a 
Ibb  ConntieB  of  New  EngUnd %^ 


/ 


The  AdmmialrarïoD  of  Gorennnoit  In  N«v  ^^^||1^    ...  ST 

Ocnerel  licmnrks  on  the  AdmlnûtntioD  in  tlw  UidKd  BtatM     .  M 

Or  TUB  State ,        ,        ,        ,  104 

Legislaiive  Foircr  of  the  Slate 104 

The  ExcciilÎTc  Paver  of  the  Stale IOC 

Political  Eficcti  of  decentralited  AdminiatnUkni  In  tb*  United  SiaMi  lOT 

CHAPTEB   VI. 
JcviciiL  Power  ih  thb  UkiTBD  Siatei,  txa  m  Zmwuxaom 

OS  Political  Socibtt 113 

Other  FonccB  groutcd  M  American  Jndgea        ....  130 

CHABTEB  Til.  . 

POUTICÀL  JdRIBDIOTIOS   IK   TOB   nNtTSD   StATRI         .           .           .  ISS 

CnAPTER   VIII. 

Thb  Federal  ConsTiTUTiotj     .......  140 

Ilistorr  of  the  Fvdcral  Conatitution         .....  140 

Sumniarj  of  Ihc  FcJcrul  Couelilution 143 

PowfiD  of  the  Federal  GoTcrntncnt 144 

LegishitiTi;  Powcra  of  lUc  Federal  GorciuiDOnt    .         .         .         .147 
A  Airtlier  DiHoTCDCc  liclwren  (lio  Senate  and  ttic  Tlonsc  of  Ilcpr»- 

The  Executive  Power 151 

In  wlmt  tlio  I'odititin  of  a  President  of  the  United  Slulcs  ditfera 

frora  that  of  a  ConBiituiionnl  KiDj.'  of  Franco  .  .  .  1S3 
Accidental  Cnuiws  wtiicli  may  increase  the  InSuence  of  the  FxceU' 

tivc  GoTcmmcnt 1^8 

Whj  the  President  of  the  United  Stales  docs  not  need  a  ÏInjoritT 

in  the  t«'o  Houses  in  Onicr  to  currj  on  the  Goieraraent      .  153 

Election  of  the  PrcBidcnt IGU 

Mode  of  Election IGG 

Crisis  of  the  Election .170 

Re-election  of  the  President 1 72 

Federal  Couns  of  Justice ITU 

Means  of  dclenninini;  the  Jarisdiction  of  the  Federal  Courts      .  1T9 

Different  CoKcs  of  Jarutdietion 181 

Procedure  of  ilie  Federal  Courts 187 

ILJeh  Rank  of  (he  Supreme  Court  amongst  the  great  Poircrt  of  State  190 


CONTENTS.  XXI 

In  what  respects  the  Federal  Constitation  is  saperior  to  that  of  the 

States 193 

Characteristics  of  the  Federal  Constitution  of  the  United  States  of 

America  as  compared  with  all  other  Federal  Constitutions  .  198 
Adyantagcs  of  the  Federal  System  in  general,  and  its  special  Util- 

itj  in  America 202 

Why  the  Federal  S3rstem  is  not  practicable  for  all  Nations,  and  how 

the  Anglo-Americans  were  enabled  to  adopt  it       .         .         •     209 

CHAPTER    IX. 

How   IT    CAN    BE   9TRICTLT   8À1D   THAT  THE   PEOPLE   OOYERK   IN 

THE  United  States •        •        •    219 

CHAPTER    X. 

Parties  in  the  United  States 221 

Remains  of  the  Aristocratic  Party  in  the  United  States      •         .         227 

CHAPTER    XI. 
Liberty  of  the  Press  in  the  United  States        .         .         •    230 

CHAPTER    XII. 
Political  Associations  in  the  United  States      .        ,        .    242 

CHAPTER    XIII. 

Goternvent  of  the  Democracy  in  America  .         •        .     252 

Universal  Suflfrngo  .         . 252 

The  Choice  of  the  People,  and  the  Instinctive  Preferences  of  the 

American  Democracy 253 

Canscs  which  may  partly  correct  these  Tendencies  of  the  Dcraocrary     257 
Influence  which  the  American  Democracy  has  exercised  on  tlic  Laws 

relating  to  Elections 261 

Public  Officers  under  the  Control  of  the  American  Democracy       .     262 
Arbitrary  Power  of  Magistrates  under  the  Rule  of  the  American 

Democracy 265 

Instal)ility  of  the  Administi-ation  in  the  United  States         .         .         268 
Charges  levied  by  the  State  under  the  Rule  of  the  American  Democ- 
racy        270 

Tendencies  of  the  American  Democracy  as  regards  the  Salaries  of 

public  Officers 275 

Difficulty  of  distiniruishing  the  Causes  which  incline  the  American 

GoYemment  to  Economy  ......        %*l^ 


Zxii  COIÏTENTS. 

Whether  the  Expendhnm  ai  tbe  United  States  can  be  compared 

with  that  of  France 

CJormptioB  and  the  Vioef  of  tbe  Rolen  in  a  Democracj,  and  oon- 

Bequcnt  Effects  upon  Pnblic  Honlity        ....        286 

Efforts  of  which  a  Democrarjr  is  capable 289 

Sclf-Control  of  the  American  Democracj         ....        293 
Condnct  of  Foreign  Ai&in  b^  tbe  American  Democracy  .    296 

CHAPTEB  XIY. 
What  are  the  beal  Adtahtaoss  which  Ambrigait  Sogixtt 

DERIVES  FROM    A  DbMOCKATIO  GOTBRHMBlfT         •  •  .      902 

General  Tendency  of  the  Laws  nnder  the  American  Democrscj, 

and  Instincts  of  those  who  apply  them  •        •        •        .  802 

Public  Spirit  in  the  United  States 808 

Notion  of  Rights  in  the  United  States 811 

Respect  for  the  Law  in  the  United  States  ....  815 

Activity  which  pervades  all  Parts  of  the  Body  Pblitic  in  the  United 

States;  Influence  which  it  exercises  upon  Society  .        .317 

CHAPTER    XV. 

Uklimited  Power  of  the  ^Luoritt  in  the  United  States, 

and  its  ck)nsequ£nces 324 

How  the  Omnipotence  of  tlio  Majority  increases,  in  America,  the 
Instability  of  Legislation  and  Administration  inherent  in  De- 
mocracy     327 

T\Tanny  of  the  Majority 330 

Effects  of  the  Omnipotence  of  the  Majority  upon  the  arbitrary  Au- 

^^ thority  of  American  ''^"^^^jp  P^mmi  ,         ,         ,  ^    .         335 

rpwiir  riStjT''^^^^  ^T  '^^^  Nn jnritT  '^^  America  upon  Opinion    ;'  336 

Effects  of  lliiT^nieimji  nflhii  ^fiijuillj  iilHTniTif  TTatfonal  Cliaractcr 

of  the  Americans.  —  The  Coiuticr-spirit  in  the  United  States       340 
The  greatest  Dangers  of  the  American  Republics  pn)ccctl  from  the 

Omniix>tenco  of  tlio  Majority 343 

CHAPTER    XVI. 

Causes  wiiicn  mitioatb  the  Tyranny  of  the  Majority  in  tub 

United  States 346 

Al>8ence  of  Centralized  Administration 346 

The  Profession  of  the  Law  in  the  United  States  serves  to  counter- 
poise tlie  Democracy 348 

Trial  by  Jury  in  the  United  States  considered  as  a  Political  Institu- 
tion        358 


CONTENTS. 


XXIU 


CHAPTER    XVII. 

pBiiTCiPAL  Causes  which  texd  to  haintain  the  Democratio 

Republic  ih  the  United  States 368 

Accidental  or  Providential  Causes  which  contribate  to  maintain  the 

Democratic  Republic  in  the  United  States     ....     369 

Influence  of  the  Laws  upon  the  Maintenance  of  the  Democratic  Re- 
public in  the  United  States  .         .         .         .         .         .     382 

Influence  of  Manners  upon  the  Maintenance  of  the  Democratic  Re- 
public in  tlio  UnitSd  States 383 

Religion  considered  as  a  Political  Institution,  which  powerfully 
contributes  to  the  Biaintenance  of  the  Democratic  Republic 
amongst  the  Americans 383 

Indirect  Influence  of  Religious  Opinions  upon  Political  Society  in 

the  United  States 387 

Principal  Causes  which  render  Religion  powerful  in  America      .         394 

How  the  Education,  the  Halnts,  and  the  practical  Experience  of  the 

Americans  promote  the  Success  of  their  Dcmocmtic  Institutions     403 

The  I^ws  contribute  more  to  the  Maintenance  of  the  DeTuocratic 
Republic  in  the  United  States  than  the  Physical  Cinniinstanccs 
of  the  Country,  and  the  Manners  more  than  the  I^ws    .         .     409 

"Wbethcr  Laws  ond  Manners  arc  sufficient  to  maintain  Democratic 

Institutions  in  other  Countries  lx»idc8  America  .         .         .         414 

Importance  of  what  precedes  with  Respect  to  the  State  of  Europe  .     418 

CHAPTER    XVIII^^^^^^^ 

The  Pbesent  and  PKollABLfr^wwWMi  dMSiiiM'fiii.i  of  the  Three 
Races  which  inhabit  the  Tehritory  of  the  United 
States 424i^ 

The  Present  and  prolmble  Future  Condition  of  the  Indian  Trilxîs 

which  inhahit  the  Territory  possessed  by  the  Union        .         .431 
Situation  of  the  Black  Population  in  the  Unitc<l  States,  and  Dan-  /     / 

gers  with  which  its  Presence  threatens  the  Whites  .         .         .     456**^  / 
What  are  the  Cliances  of  Duration  of  the  American  Union,  and  .      . 

what  Dangers  threaten  it 491/  V' 

Of  the  Republican  Institutions  of  the  United  States,  and  what  their  / 

Cliances  of  Duration  are 535  ^*  1' 

Some  Considerations  on  the  Causes  of  the  Commercial  Prosperity 

of  the  United  States 543  ■** 

Conclusion 553  ^ 


INTRODUCTION. 


AMONGST  the  novel  objects  that  attracted  my  atten- 
tion during  my  stay  in  the  United  States,  nothing 
struck  me  more  forcibly  than  the  general  equality  of  con- 
dition among  the  people.  I  readily  discovered  the  prodi- 
gious influence  which  this  primary  fiict  exercises  on  the 
whole  course  of  society;  it  gives  a  peculiar  direction  to 
public  opinion,  and  a  peculiar  tenor  to  the  laws  ;  it  imparts 
new  TniiTiTTis  to  the  governing  authorities,  and  peculiar 
habits  to  the  governed. 

I  soon  perceived  that  the  influence  of  this  fact  extends 
fiur  beyond  the  political  character  and  the  laws  of  the  coun- 
try, and  that  it  has  no  less  empire  over  civil  society  than 
over  the  government  j  it  creates  opinions,  gives  birth  to 
new  sentiments,  foimds  novel  customs,  and  modifies  what- 
ever it  does  not  produce.  The  more  I  advanced  in  the 
study  of  American  society,  the  more  I  perceived  that  this 
equality  of  condition  is  the  fundamental  fact  from  which 
all  others  seem  to  be  derived,  and  the  central  point  at 
which  all  my  observations  constantly  terminated. 

I  then  turned  my  thoughts  to  our  own  hemisphere,  and 
thought  that  I  discerned  there  something  analogous  to 
the  spectacle  which  the  New  World  presented  to  me.  I 
observed  that  equality  of  condition,  though  it  has  not 
there  reached  the  extreme  limit  which  it  seems  to  have 
attained  in  the  United  States,  is  constantly  aççroachiik^ 


2  BmODUCTION. 

it  ;  and  that  the  âemocracj  wbich  governs  llie  American 
coinmunities  appears  to  be  rapidly  rising  into  power  in 
Europe. 

Hence  I  conceiyed  tlie  idea  of  tlie  book  which  is  now 
before  tlie  reader. 

It  is  evident  to  all  alike  that  a  great  democratic  revolur 
tion  is  going  on  amongst  ns  ;  bat  all  do  not  look  at  it  in 
the  same  light.  To  some  it  appears  to  be  novel  bat  acci- 
dental, and,  as  such,  they  hope  it  may  still  be  checked  ;  to 
others  it  seems  irresistible,  because  it  is  the  most  uniform, 
the  most  ancient,  and  the  most  permanent  tendency  which 
is  to  be  found  in  history. 

I  look  back  for  a  moment  on  the  situation  of  France 
seven  hundred  years  ago,  when  the  territory  was  divided 
amongst  a  small  number  of  &milies,  who  were  the  owners 
of  the  soil  and  the  rulers  of  the  inhabitants  ;  the  right  of 
governing  descended  with  the  feunily  inheritance  from  gen- 
eration to  generation  ;  force  was  the  only  means  by  which' 
man  could  act  on  man  ;  and  landed  property  was  the  sole 
source  of  power. 

Soon,  however,  the  political  power  of  the  clergy  was 
founded,  and  began  to  increase:  the  clergy  opened  their 
ranks  to  all  classes,  to  the  poor  and  the  rich,  the  vassal  and 
the  lord  ;  through  tlie  Church,  equality  penetrated  into  the 
Government,  and  he  who  as  a  serf  must  have  vegetated  in 
perpetual  bondage  took  his  place  as  a  priest  in  the  midst 
of  nobles,  and  not  unfrequently  above  the  heads  of  kings. 

The  different  relations  of  men  with  each  other  became 
more  complicated  and  numerous  as  society  gi*adually  be- 
came more  stable  and  civilized.  Hence  the  want  of  civil 
laws  was  felt  ;  and  the  ministers  of  law  soon  rose  from  the 
obscurity  of  the  tribunals  and  their  dusty  cliambcrs,  to 
appear  at  the  court  of  the  monarch,  by  the  side  of  the 
feudal  barons  clothed  in  their  ermine  and  their  mail. 

Wliilst  the  kings  were  ruining  themselves  by  their  great 


INTRODUCTION.  8 

enterprises,  and  the  nobles  exhausting  their  resources  bj 
private  wars,  the  lower  orders  were  enriching  themselves 
by  commerce.  The  influence  of  money  began  to  be  per- 
ceptible in  state  af&Irs.  The  transactions  of  business 
opened  a  new  road  to  power,  and  the  financier  rose  to  a 
station  of  poUtical  influence  in  which  he  was  at  once  flair 
tered  and  despised. 

Gradually  the  difiusion  of  intelligence,  and  the  increas- 
ing taste  for  literature  and  art,  caused  learning  and  talent 
to  become  a  means  of  government  ;  mental  ability  led  to 
social  power,  and  the  man  of  letters  took  a  part  in  the 
affairs  of  the  state. 

The  value  attached  to  high  birth  declined  just  as  fast  as 
new  avenues  to  power  were  discovered.  In  the  eleventh 
century,  nobility  was  beyond  all  price  ;  in  the  thirteenth, 
it  might  be  purchased.  Nobility  was  first  conferred  by  gift; 
in  1270  ;  and  equality  was  thus  introduced  into  the  govern- 
ment by  the  aristocracy  itself. 

In  the  course  of  these  seven  hundred  years,  it  sometimes 
happened  that  the  nobles,  in  order  to  resist  the  authority 
of  the  crown,  or  to  diminish  the  power  of  their  rivals, 
granted  some  political  influence  to  the  common  people. 
Or,  more  frequently,  the  king  permitted  the  lower  orders 
to  have  a  share  in  the  government,  with  the  intention  of 
depressing  the  aristocracy. 

In  France,  the  kings  have  always  been  the  most  active 
and  the  most  constant  of  levellers.  When  they  were  strong 
and  ambitious,  they  spared  no  pains  to  raise  the  people  to 
the  level  of  the  nobles;  when  they  were  temperate  and 
feeble,  they  allowed  the  people  to  rise  above  themselves. 
Some  assisted  the  democracy  by  their  talents,  others  by 
their  vices.  Louis  XI.  and  Louis  XIV.  reduced  all  ranks 
beneath  the  throne  to  the  same  degree  of  subjection  ;  and, 
finally,  Louis  XV.  descended,  himself  and  all  his  court, 
into  the  dust. 


4  nmtODnonra. 

As  soon  as  land  b^in  to  be  held  on  any  other  tiuni  « 
feudal  tenure,  and  personal  proper^  m  its  torn  became 
able  to  confer  ioflaence  and  pover,  every  discoreiy  in  the 
arts,  every  improvement  in  commerce  or  maim&cttures, 
created  so  many  new  elements  of  equality  among  men. 
Henceforward  every  new  invention,  every  new  want  which 
it  occoâioned,  and  every  new  desire  which  craved  satia&c- 
tion,  was  a  step  towards  a  general  levelling.  The  taste  foe 
luxury,  the  love  of  war,  the  empire  c^  ftsh^,  and  the  moat 
superficial  an  well  as  the  de^Kst  passions  of  £he  hnman 
heart,  seemed  to  co-operate  to  enrich  the  poor  and  to  imr 
poverish  the  rich. 

From  the  time  when  the  exerdse  of  the  intellect  became 
a  source  of  strength  and  of  wealth,  we  see  ^t  eveiy  addi- 
tion to  science,  eveiy  fresh  truth,  and  every  new  idea 
became  a  germ  of  power  placed  within  the  reach  of  the 
people.  Poetiy,  eloquence,  and  memory,  the  graces  of 
the  mind,  the  glow  of  imagination,  depth  of  thought,  and 
all  the  gifts  which  Heaven  scatters  at  a  venture,  turned  to 
the  advantage  of  the  democracy;  and  even  when  they 
were  in  the  possession  of  its  adversaries,  they  still  served 
its  cause  by  throwing  into  bold  relief  the  natural  greats 
ness  of  man.  Its  conquests  spread,  tiiercforc,  witli  those 
of  ci\'ilization  and  knowledge;  and  literature  became  an 
arsenal  open  to  all,  where  the  poor  and  the  weak  dmly 
resorted  for  arms. 

In  running  over  the  pages  of  our  history  for  seven  hun- 
dred years,  we  shall  scarcely  find  a  single  great  event 
which  has  not  promoted  equality  of  condition. 

The  Crusades  and  the  English  wars  decimated  the  no- 
bles and  thvided  their  possessions  :  the  municipal  corpora- 
tions introduced  democratic  liberty  into  the  bosom  of  feudal 
monarchy  ;  the  invention  of  fire-anus  equalized  tlie  vassal 
and  the  noble  on  the  field  of  batde  ;  tlie  art  of  priming 
opened  the  same  resources  to  die  minds  of  all  classes  ;  the 


»■■.  "M^-" 


DITRODUCnON.  5 

post-office  brought  knowledge  alike  to  the  door  c£  the 
cottage  and  to  the  gate  of  the  palace  ;  and  Protestantism 
proclaimed  that  all  men  are  alike  able  to  find  the  read 
to  heaven.  The  discovery  of  America  opened  a  thousand 
new  paths  to  fortune,  and  led  obscure  adventurers  to 
wealth  and  power. 

If,  beginning  with  the  eleventh  century,  we  examine 
what  has  happened  in  France  from  one  half^sentury  to 
another,  we  ihall  not  &il  to  perceive,  at  the  end  of  each 
of  these  periods,  that  a  twofold  revolution  has  taken  place 
in  the  state  of  society.  The  noble  has  gone  down  on  the 
social  ladder,  and  the  commoner  has  gone  up  ;  the  one  de- 
scends as  the  other  rises.  Every  half-«entury  brings  them 
nearer  to  each  other,  and  they  will  soon  meet. 

Nor  is  this  peculiar  to  France.  Whithersoever  we  turn 
our  eyes,  we  perceive  the  sam*?  revolution  going  on 
Ihroughout  the  Christian  world.  The  various  occur- 
rences of  national  existence  have  v,\erywhere  turned  to 
the  advantage  of  democracy:  all  men  have  aided  it  by 
their  exertions,  both  those  who  have  intentionally  labored 
in  its  cause,  and  those  who  have  served  it  unwittingly  ; 
those  who  have  fought  for  it,  and  t^ose  who  have  declared 
themselves  its  opponents,  have  all  been  driven  along  in  the 
same  track,  have  all  labored  to  one  end;  some  ignorantly 
and  some  unwillingly,  all  have  been  blind  instruments  in 
the  hands  of  God. 

The  gradual  development  of  the  principle  of  equality  is, 
therefore,  a  Providential  fiu;t.  It  has  all  the  chief  charac- 
teristics <rf  such  a  feet  :  it  is  universal,  it  is  durable,  it  con- 
stantly eludes  all  human  interference,  and  all  events  as 
well  as  all  men  contribute  to  its  progress. 

Would  it,  then,  be  wise  to  imagine  that  a  social  move- 
ment, the  causes  of  which  lie  so  fer  back,  can  be  checked 
by  the  efforts  of  one  generation  ?  Can  it  be  believed  that 
the  democracy  which  has  overthrown  the  feudal  system^ 


6  IMTBODUCrnON. 

and  vanquished  kings,  will  retreat  before  tradesmen  ana 
capitalists  ?  Will  it  stop  now  that  it  has  grown  so  strong, 
and  its  adversaries  so  weak  ? 

Whither,  then,  are  we  tending?  No  one  can  saj,  finr 
terms  of  comparison  already  fidl  us.  The  conditions  of 
men  are  more  equal  in  Christian  countries  at  the  present 
day  than  they  have  been  at  any  previous  time,  or  in  any 
part  of  the  world  ;  so  that  the  magnitude  of  what  already 
has  been  done  prevents  us  from  foreseeing  what  is  yet  to. 
be  accompUshed. 

The  whole  book  which  is  here  offered  to  the  public  has 
been  written  under  the  impression  of  a  kind  of  reliions 
terror  produced  in  the  author's  mind  by  the  view  of  that 
irresistible  revolution  which  has  advanced  for  centuries  in 
spite  of  every  obstacle,  and  which  is  still  advancing  in  the 
midst  of  the  ruins  it  has  caused. 

It  is  not  necessary  that  God  himself  should  speak  in  or- 
der that  we  may  discover  the  unquestionable  signs  of  his 
will.  It  is  enough  to  ascertain  what  is  the  habitual  course 
of  nature  and  the  constant  tendency  of  events.  I  know, 
without  a  special  revelation,  that  the  planets  move  in  the 
orbits  traced  by  the  Creator's  hand. 

If  the  men  of  our  time  should  be  convinced,  by  attentive 
observation  and  sincere  reflection,  that  the  gradual  and 
progressive  development  of  social  equality  is  at  once  the 
past  and  the  future  of  their  history,  this  discovery  alone 
would  confer  the  sacred  character  of  a  Divine  decree  upon 
the  change.  To  attempt  to  check  democracy  would  be  in 
that  case  to  resist  the  will  of  God  ;  and  the  nations  would 
tlien  be  constrained  to  make  the  best  of  the  social  lot 
awarded  to  them  by  Providence. 

The  Christian  nations  of  our  day  seem  to  me  to  present 
a  most  alarming  speiitacle  ;  the  movement  which  impels 
diem  is  already  so  strong  that  it  cannot  be  stopped,  but  it 
is  not  yet  so  rapid  that  it  cannot  be  guided.     Their  &te  is 


f^^fV^I^AflMVBiaV^'Bktf^HBM^llW^^^^  *—   «  t      .w-  -^^■*»-— "■  ^-^f»-      ^  %' 


DÎTBODUCTION.  7 

stQl  in  their  own  hands  ;  yet  a  little  while,  and  it  may  be 
so  no  longer. 

The  first  of  the  duties  which  are  at  this  time  imposed 
upon  those  who  direct  our  affairs,  is  to  educate  the  democ- 
racy ;  to  renovate,  if  possible,  its  reUgious  beUef  ;  to  purify 
its  morals  ;  to  regulate  its  movements  ;  to  substitute  by 
degrees  a  knowledge  of  business  for  its  inexperience,  and 
an  acquaintance  with  its  true  interests  for  its  blind  in- 
stincts; to  adapt  its  government  to  time  and  place,  and 
to  make  it  conform  to  the  occurrences  and  the  men  of  the 
times.  A  new  science  of  poUtics  is  needed  for  a  new 
world. 

This,  however,  is  what  we  think  (Â  least  ;  placed  in  the 
middle  of  a  rapid  stream,  we  obstinately  fix  our  eyes  on 
the  ruins  which  may  still  be  descried  upon  the  shore  we 
have  left,  whilst  the  current  hurries  us  away,  and  drags  us 
backward  toward  the  gulf. 

In  no  country  in  Europe  has  the  great  social  revolution 
which  I  have  just  described  made  such  rapid  progress  as 
in  France  ;  but  it  has  always  advanced  without  guidance. 
The  heads  of  the  state  have  made  no  preparation  for  it, 
and  it  has  advanced  without  their  consent  or  without  their 
knowledge.  The  most  powerful,  the  most  intelligent,  and 
the  most  moral  classes  of  the  nation  have  never  attempted 
to  take  hold  of  it  in  order  to  guide  it.  The  democracy 
has  consequently  been  abandoned  to  its  wild  instincts,  and 
it  has  grown  up  like  those  children  who  have  no  parental 
guidance,  who  receive  their  education  in  the  public  streets^ 
and  who  are  acquainted  only  with  the  vices  and  wretched- 
ness of  society.  Its  existence  was  seemingly  unknown,^ 
when  suddenly  it  acquired  supreme  power.  Every  one 
then  submitted  to  its  caprices  ;  it  was  worshipped  as  the 
idol  of  strength  ;  and  when  afterwards  it  was  enfeebled  by 
its  own  excesses,  the  legislator  conceived  the  rash  project 
of  destroying  it,  instead  of  instructing  it  and  correcting  its 


8  isTB(H)0on(ni. 

vices.  Xo  sttempt  wu  made  to  fit  it  to  gOTem,  but  all 
were  beat  on  excluding  it  fixnn  urn  government. 

The  comequence  lias  berai,  tiiat  the  democratic  revolutioa 
has  taken  place  in  the  body  of  sodefy,  vitfaout  that  con* 
comitant  change  in  the  laws,  ideas,  crutoms,  and  manners, 
which  was  necessary  to  render  anch  a  rerolntion  bénéficia]. 
Thos  we  have  a  democracy,  without  anything  to  lesseoi  itg 
vices  and  bring  out  its  natural  advantages  ;  and  althou^ 
we  already  perceive  ^  evils  it  brings,  we  are  ignorant  of 
the  benefits  it  may  confer. 

While  the  power  of  the  crown,  si^ported  by  the  aris- 
tocracy, peaceably  governed  the  nations  of  Europe,  society, 
in  the  midst  of  its  wretchedness,  had  several  sources  of 
happiness  which  can  now  scarcely  be  conceived  or  appre- 
ciated. The  power  of  a  part  of  his  subjects  was  an  insur- 
mountable barrier  to  the  tyranny  of  the  prince  ;  and  the 
monarch,  who  felt  the  almost  divine  character  which  he 
enjoyed  in  the  eyes  of  the  multitude,  derived  a  motive  for 
the  just  use  of  his  power  from  the  respect  which  he  in- 
spired. The  nobles,  high  as  they  were  placed  above  the 
people,  could  not  but  take  that  calm  and  b^n^volcnt 
interest  in  their  fate  which  the  shepherd  feels  towards 
his  flock;  and  without  acknowledging  the  poor  as  their 
equals,  they  watched  over  the  destiny  of  tliose  whose  wel- 
ikre  Providence  had  intrusted  to  tlieir  care.  The  people, 
never  having  conceived  the  idea  of  a  social  condition  dif- 
ferent from  their  own,  and  never  expecting  to  become 
equal  to  their  leaders,  received  benefits  from  them  without 
discussing  their  rights.  They  became  attached  to  tliom 
when  they  were  clement  and  just,  and  submitted  to  thoir 
exactions  without  resistance  or  servility,  as  to  tlie  ine\'itable 
visitations  of  the  Deity.  Custom  and  the  manners  of  the 
time,  moreover,  had  established  certain  limits  to  oppression, 
and  put  a  sort  of  legal  restraint  upon  violence. 

As  the  noble  never  suspected  that  any  one  would  at- 


miÊÊÊi 


mTBODUCnON.  9 

tempt  to  deprive  him  of  the  privfleges  which  he  believed 
to  be  Intimate,  and  as  the  serf  looked  upon  his  own 
inferiority  as  a  consequence  of  the  immatable  order  of 
nature,  it  is  easy,  to  imagine  that  some  mutual  exchange 
o£  good-will  took  place  between  two  classes  so  differently 
gifted  by  &te.  Inequality  and  wretchedness  were  then  to 
be  found  in  society  ;  but  the  souls  of  neither  rank  of  men 
were  degraded. 

Men  are  not  corrupted  by  the  exercise  of  power,  or 
debased  by  the  habit  of  obedience;  but  by  the  exercise    \ 
of  a  power  which  they  believe  to  be  illegitimate,  and  by   { 
obedience  to  a  rule  which  they  consider  to  be  usurped  J 
and  oppressive.  '^ 

On  the  one  side  were  wealth,  strength,  and  leisure, 
accompanied  by  the  refinements  of  luxury,  the  elegance 
of  taste,  the  pleasures  of  wit,  and  the  cultivation  of  the 
arts;  on  the  other,  were  labor,  clownishness,  and  igno- 
rance. But  in  the  midst  of  this  coarse  and  ignorant  multi- 
tude it  was  not  uncommon  to  meet  with  energetic  passions, 
generous  sentiments,  profound  religious  convictions,  and 
wild  virtues. 

The  social  state  thus  organized  might  boast  of  its  star 
bility,  its  power,  and,  above  all,  its  glory. 

But  the  scene  is  now  changed.  Gradually  the  distinc- 
tions of  rank  are  done  away;  the  barriers  which  once 
severed  mankind  are  âdling  down;  property  is  divided, 
power  is  shared  by  many,  the  light  of  intelligence  spreads, 
and  the  capacities  of  all  classes  are  equally  cultivated.  The 
State  becomes  democratic,  and  the  empire  of  democracy  is 
slowly  and  peaceably  introduced  into  the  institutions  and 
the  manners  of  the  nation. 

I  can  conceive  of  a  society  in  which  all  men  would  feel 
an  equal  love  and  respect  for  the  laws  of  which  they  con- 
sider themselves  as  the  authors  ;  in  which  the  authority  of 

the  government  would  be  respected  as  necessary,  though 

1* 


10  niTBODDOTKni. 

not  as  divine  ;  and  m  which  the  loyalty  of  the  sabject  to 
the  chief  magistrate  woold  not  be  a  passion,  bat  a  qniet 
and  rational  persuasion.  Everf  individnal  being  in  the 
possession  of  rights  which  he  is  rare  to  retain,  a  kind 
of  manly  confidence  and  reciprocal  conrteay  woald  aiiae 
between  all  classes,  alike  removed  from  pride  and  servili^. 
The  people,  well  acquainted  with  their  own  trae  interests, 
would  understand  that,  in  order  to  profit  hj  the  advantages 
of  society,  it  is  necessary  to  satisfy  its  requisitions.  The 
voluntary  association  of  the  citizena  might  then  take  the 
place  of  the  individual  exertions  of  the  nobles,  and  the 
community  would  be  alike  protected  from  anarchy  and 
from  oppression. 

I  admit  that,  in  a  democratic  state  thus  constituted, 
society  would  not  be  stationary.  But  the  impulses  of  the 
social  body  miglit  there  he  regulated  and  made  progressive. 
If  there  were  less  splendor  than  in  the  midst  of  an  ari»- 
tocracy,  the  contrast  of  misery  would  also  be  less  frequent  ; 
the  pleasures  of  enjoyment  might  be  less  excessive,  but 
tliosc  of  comfort  would  be  more  general  ;  the  sciences 
might  be  less  perfectly  cultivated,  but  ignorance  would 
be  less  common  ;  the  impetuosity  of  the  feelings  would 
be  repressed,  and  the  habits  of  tlie  nation  softened  ;  there 
would  be  more  ^ïces  and  fewer  great  crimes. 

In  the  absence  of  enthusiasm  and  an  ardent  Mth,  great 
sacrifices  may  be  obtained  from  the  members  of  a  common- 
wealth by  an  appeal  to  their  understandings  and  tlieir  ex- 
perience ;  each  individual  will  feel  the  same  necessity  of 
union  with  liis  follows  to  protect  his  own  weakness  ;  and 
as  he  knows  that  he  can  obtain  their  help  only  on  condition 
of  liclping  them,  he  will  readily  perceive  that  his  jioi-sonal 
interest  is  identified  ivith  the  interests  of  the  whole  commu- 
nity. The  nation,  taken  as  a  whole,  will  be  less  brilliant, 
less  glorious,  and  perhaps  less  strong;  but  the  majority  of 
the  citizens  will  enjoy  a  greater  degree  of  prosperity,  and 


INTBODUOnON.  U 

die  people  will  remaiB  quiet,  not  because  they  despair  of  a 
change  for  the  better,  but  because  they  are  conscious  that 
lliey  are  well  off  already. 

If  all  the  consequences  of  this  state  of  things  were  not 
good  OF  useful,  society  would  at  least  have  appropriated  all 
such  as  were  useful  and  good  ;  and  having  once  and  for 
ever  renounced  the  social  advantages  of  aristocracy,  man- 
kind would  enter  into  possession  of  all  the  benefits  which 
democracy  can  afford. 

But  here  it  may  be  asked  what  we  have  adopted  in  the 
place  of  those  institutions,  those  ideas,  and  those  customs 
of  our  forefeithers  which  we  have  abandoned. 

The  spell  of  royalty  is  broken,  but  it  has  not  been  sno 
ceeded  by  the  majesty  of  the  laws.  The  people  have 
learned  to  despise  all  authority,  but  tliey  still  fear  it  ;  and 
fear  now  extorts  more  than  was  formerly  p^d  from  rever- 
ence and  love. 

I  perceive  that  we  have  destroyed  those  individual  pow- 
ers which  were  able,  single-handed,  to  cope  with  tyranny  ; 
but  it  is  the  government  that  has  inherited  the  privileges 
of  which  &milies,  corporations,  and  individuals  have  been 
deprived  j  to  the  power  of  a  small  number  of  persona  — 
which,  if  it  was  sometimes  oppressive,  was  oflen  conservar- 
tive  —  has  succeeded  the  weakness  of  the  whole  commu- 
nity. 

The  division  of  property  has  lessened  the  distance  which 
separated  the  rich  from  the  poor  ;  but  it  would  seem  tliat, 
the  nearer  they  draw  to  each  other,  the  greater  is  their 
mutual  hatred,  and  the  more  vehement  the  envy  and  the 
dread  with  which  they  resist  each  other's  claims  to  power  ; 
the  idea  of  Right  does  not  exist  for  either  party,  and  Force 
affords  to  both  the  only  argument  for  the  present,  and  the 
only  guaranty  for  the  future. 

The  poor  man  retains  the  prejudices  of  his  forefathers 
ifithout  their   ^th,  and   their   ignorance  without   their 


12  INTRODUCTION. 

virtues  ;  he  has  adopted  the  doctrine  of  self-interest  as 
the  rule  of  his  actions,  without  understanding  the  science 
which  puts  it  to  use  ;  and  his  selfishness  is  no  less  blind 
than  was  formerly  his  devotedness  to  others. 

If  society  is  tranquil,  it  is  not  because  it  is  conscious  of 
its  strength  and  its  well-being,  but  because  it  fears  its 
weakness  and  its  infirmities  ;  a  single  effort  may  cost  it  its 
life.  Everybody  feels  the  evil,  but  no  one  has  courage  or 
energy  enough  to  seek  the  cure.  The  desires,  the  repin- 
ings,  the  sorrows,  and  the  joys  of  the  present  time  lead  to 
no  visible  or  permanent  result,  like  the  passions  of  old  men, 
which  terminate  in  impotence. 

We  have,  then,  abandoned  whatever  advan':ages  the  old 
state  of  things  afforded,  without  receiving  any  compensa- 
tion firom  our  present  condition  ;  we  have  destroyed  an 
aristocracy,  and  we  seem  inclined  to  survey  its  ruins  with 
complacency,  and  to  fix  our  abode  in  the  midst  of  them. 

The  phenomena  which  the  intellectual  world  presents 
are  not  less  deplorable.  The  democracy  of  France,  ham- 
pered in  its  course  or  abandoned  to  its  lawless  passions,  has 
overthrown  whatever  crossed  its  path,  and  has  shaken  all 
that  it  has  not  destroyed.  Its  empire  has  not  been  grad- 
ually introduced,  or  peaceably  established,  but  it  has  con- 
stantly advanced  in  the  midst  of  the  disorders  and  the 
agitations  of  a  conflict.  In  the  heat  of  the  struggle,  each 
partisan  is  hurried  beyond  the  natural  limits  of  his  opinions 
by  the  doctrines  and  the  excesses  of  his  opponents,  until  he 
loses  sight  of  the  end  of  his  exertions,  and  holds  a  language 
which  does  not  express  his  real  sentiments  or  secret  in- 
stincts. Hence  arises  the  strange  confiision  which  we  are 
compelled  to  witness. 

I  can  recall  nothing  in  history  more  worthy  of  sorrow 
and  pity,  than  the  scenes  which  are  passing  under  our  eyes. 
It  is  as  if  the  natural  bond  which  unites  the  opinions  of 
man  to  his  tastes,  and  his  actions  to  his  principles,  was 


INTRODUCTION.  18 

now  broken;,  the  sympathy  which  has  always  been  ol^ 
senred  between  the  feelings  and  the  ideas  of  mankind 
qypears  to  be  dissolved,  and  all  the  laws  of  moral  anal- 
ogy to  be  abolished. 

Zealous  Christians  are  still  found  amongst  us,  whose 
minds  are  nurtured  on  the  thoughts  which  pertain  to  a 
fbtare  life,  and  who  readily  espouse  the  cause  of  human 
Uber^  as  the  source  of  all  moral  greatness.  Christianity, 
which  has  declared  that  all  men  are  equal  in  the  sight  of 
God,  will  not  refiise  to  acknowledge  that  all  citizens  are 
equal  in  the  eye  of  the  law.  But,  by  a  singular  concourse 
of  events,  religion  has  been  for  a  time  entangled  with  those 
institutions  which  democracy  assails  ;  and  it  is  not  unfre- 
qaently  brought  to  reject  the  equality  which  it  loves,  and 
to  curse  that  cause  of  liberty  as  a  foe,  whose  efforts  it 
might  hallow  by  its  alliance. 

By  the  side  of  these  religious  men,  I  discern  othei's 
whose  looks  are  turned  to  earth  rather  than  to  heaven. 
These  are  the  partisans  of  liberty,  not  only  as  the  source 
of  the  noblest  virtues,  but  more  especially  as  the  root  of  all 
solid  advantages  ;  and  they  sincerely  desire  to  secure  its 
authority,  and  to  impart  its  blessings  to  mankind.  It  is 
natural  that  they  should  hasten  to  invoke  the  assistance  of 
religion,  for  they  must  know  that  liberty  cannot  be  estab- 
lished without  morality,  nor  morality  without  faith.  But 
they  have  seen  religion  in  the  ranks  of  their  adversaries, 
and  they  inquire  no  further;  some  of  them  attack  it 
openly,  and  the  remainder  are  a&aid  to  defend  it. 

In  former  ages,  slavery  was  advocated  by  the  venal  and 
slavish-minded,  whilst  the  independent  and  the  warm- 
hearted were  struggling  without  hope  to  save  the  liberties 
of  mankind.  But  men  of  high  and  generous  characters 
are  now  to  be  met  with,  whose  opinions  are  at  variance 
with  their  inclinations,  and  who  praise  that  servility  which 
they  have  themselves  never  known.     Others,  on  the  con- 


14  iirnHn>D(Tnoit 

tnuy,  speak  of  liberty  as  if  ihej  were  able  to  feel  ita  nne- 

tity  and  it^  majesty,  and  londly  claim  fer  humanity  dion 
righte  wliich  they  have  always  reftued  1»  acknowledge. 

There  are  virtaoos  and  peacefiil  indÎTidnals  whose  pore 
morality,  quiet  habits,  opulence,  and  talents  fit  them  to  he 
the  leaders  of  the  sorronnding  population.  Thar  love  of 
country  is  sincere,  and  they  are  ready  to  make  the  greatest 
sacrifices  for  its  welfitfe.  Bnt  civilization  often  finds  &em 
among  its  opponents;  they  confound  its  abuses  with  its 
benefits,  and  the  idea  of  evil  is  inseparable  in  th«r  minds 
from  that  of  novelty. 

Near  these  I  find  others,  whose  object  is  to  materialize 
mankind,  to  hit  upon  what  is  expedient  without  heeding 
what  is  just,  to  acquire  knowledge  without  faith,  and  pros- 
perity apart  from  virtue  ;  claiming  to  be  the  champions  of 
modem  citTlization,  they  place  themselves  arrogantly  at  its 
head,  usurping  a  place  which  is  abandoned  to  them,  and 
of  which  tliey  are  wholly  unworthy. 

^V^lere  are  we,  then? 

The  religionists  are  the  enemies  of  liberty,  and  the 
friends  of  liberty  attack  religion  ;  the  high-minded  and 
the  noble  advocate  bondage,  and  the  meanest  and  most 
servile  preach  independence  ;  honest  and  enlightened  citi- 
zens arc  opposed  to  all  progress,  whilst  men  without  patri- 
otism and  without  principle  put  themselves  forward  as  the 
apostles  of  civilization  and  intelligence. 

Has  such  been  the  fate  of  the  centuries  which  have  pre- 
ceded our  own?  and  has  man  always  inhabited  a  world 
like  the  present,  where  all  things  are  out  of  their  natural 
connections,  where  virtue  is  without  genius,  and  genius 
without  honor;  where  the  love  of  order  Is  confounded 
with  a  taste  for  oppression,  and  the  holy  rites  of  freedom 
■  with  a  contempt  of  law  ;  where  the  light  thrown  by  con- 
science on  human  actions  is  dim,  and  where  nothing  seems 
to  be  any  hngcr  forbidden  or  allowed,  honorable  or  sham^ 
A/,  &he  or  true  ? 


INTRODUCTION  15 

I  cannot  believe  that  the  Creator  made  man  to  leave 
him  in  an  endless  struggle  with  the  intellectual  miseries 
which  surround  us.  God  destines  a  calmer  and  a  more* 
certain  fiiture  to  the  commimities  of  Europe.  I  am  igno- 
rant of  his  designs,  but  I  shall  not  cease  to  believe  in  them 
because  I  cannot  fiithom  them,  and  I  had  rather  mistrust 
my  own  capacity  than  his  justice. 

There  is  a  country  in  the  world  wfiere  the  great  social 
revolution  which  I  am  speaking  of  seems  to  have  nearly 
reached  its  natural  Umits.  It  has  been  effected  with  ease 
and  quietness  ;  say  rather  that  this  country  is  reaping  the 
fimits  of  the  democratic  revolution  which  we  are  under- 
going, without  having  had  the  revolution  itself. 

The  emigrants  who  colonized  the  shores  of  America  in 
the  beginning  of  the  seventeenth  century  somehow  sep- 
arated the  democratic  principle  from  all  the  principles 
which  it  had  to  contend  with  in  the  old  commimities  of 
Europe,  and  transplanted  it  alone  to  the  New  World.  It 
has  there  been  able  to  spread  in  perfect  freedom,  and 
peaceably  to  determine  the  character  of  the  laws  by  in- 
fluencing the  manners  of  the  country. 

It  appears  to  me  beyond  a  doubt  that,  sooner  or  later, 
we  shall  arrive,  like  the  Americans,  at  an  almost  complete 
equality  of  condition.  But  I  do  not  conclude  from  this, 
that  we  shall  ever  be  necessarily  led  to  draw  the  same  po- 
litical consequences  which  the  Americans  have  derived 
from  a  similar  social  organization.  I  am  far  from  sup- 
posing that  they  have  chosen  the  only  form  of  government 
which  a  democracy  may  adopt;  but  as  the  generative 
cause  of  laws  and  manners  in  the  two  countries  is  the 
same,  it  is  of  immense  interest  for  us  to  know  what  it  has 
produced  in  each  of  them. 

It  is  not,  then,  merely  to  satisfy  a  legitimate  curiosity 
that  I  have  examined  America  ;  my  wish  has  been  to  find 
there  instruction  by  which  we  may  ourselves  profit.   WViO- 


16  INTBODUCTION. 

ever  should  imagine  that  I  have  intended  to  write  a  pan* 
egyric  would  be  strangely  mistaken,  and  on  reading  this 
book,  he  will  perceive  that  such  was  not  mj  design  :  nor 
has  it  been  mj  object  to  advocate  any  form  of  government 
in  particular,  for  I  am  of  opinion  that  absolute  excellence 
is  rarely  to  be  found  in  any  system  of  laws.  I  have  not 
even  pretended  to  judge  whether  the  social  revolution, 
which  I  beUeve  to  be  irresistible,  is  advantageous  or  preju- 
dicial to  mankind.  I  have  acknowledged  this  revolution 
as  a  fiict  already  accomplished,  or  on  the  eve  of  its  accom- 
plishment ;  and  I  have  selected  the  nation,  from  amongst 
those  which  have  undergone  it,  in  which  its  development 
has  been  the  most  peaceful  and  the  most  complete,  in  order 
to  discern  its  natural  consequences,  and  to  find  out,  if  possi- 
ble, the  means  of  rendering  it  profitable  to  mankind.  I  con- 
fess that,  in  America,  I  saw  more  than  America  ;  I  sought 
there  the  image  of  democracy  itself,  with  its  inclinations, 
its  character,  its  prejudices,  and  its  passions,  in  order  to 
learn  what  we  have  to  fear  or  to  hope  from  its  progress. 

In  the  first  part  of  this  work,  I  have  attempted  to  show 
the  direction  given  to  the  laws  by  the  democracy  of  Amer- 
ica, which  is  abandoned  almost  without  restraint  \o  its 
instinctive  propensities  ;  and  to  exhibit  the  course  it  pre- 
scribes to  the  government  and  the  influence  it  exercises  on 
affairs.  I  have  sought  to  discover  the  evils  and  the  advan- 
tages which  it  brings.  I  have  examined  the  precautions 
used  by  the  Americans  to  direct  it,  as  well  as  those  which 
they  have  not  adopted,  and  I  have  undertaken  to  point  out 
the  causes  which  enable  it  to  govern  society.  I  do  not 
know  whether  I  have  succeeded  in  making  known  what  I 
saw  in  America,  but  I  am  certain  that  such  has  been  my 
sincere  desire,  and  that  I  have  never,  knowingly,  moulded 
facts  to  ideas,  instead  of  ideas  to  facts. 

Whenever  a  point  could  be  established  by  the  aid  of 
written  documents,  I  have  had  recourse  to  the  original 


MTBODUCTIOS.  17 

text,  and  to  the  most  authentic  and  approved  works.*  I 
have  cited  mj  aathoiities  in  the  notes,  and  any  one  may 
lefer  to  them.  Whenever  opinions,  political  customs,  or 
remarks  on  the  nuumers  of  the  country  were  concerned,  I 
have  endeavored  to  consult  the  most  enlightened  men  I  met 
vith.  If  the  point  in  question  was  important  or  doubtiiil, 
I  was  not  satisfied  with  one  testimony,  but  I  formed  my 
opinion  on  the  evidence  of  several  witnesses.  Here  the 
reader  must  necessarily  rely  upon  my  word.  I  coal<l 
^«qnently  have  quoted  names  which  are  either  known 
to  him,  or  which  deserve  to  be  so,  in  proof  of  what  I 
advance;  but  I  have  carefully  abstained  from  tliia  prac- 
tice. A  stranger  frequently  hears  important  truths  at  the 
fireside  of  his  host,  which  the  latter  would  perhaps  con- 
ceal from  the  ear  of  friendship  ;  he  consoles  himself  with 
his  guest  for  the  silence  to  which  he  is  rcstrictod,  and  the 
shortness  of  the  traveller's  stay  takes  away  all  fear  of  his 
indiscretion.  I  carefiilly  noted  every  conversation  of  this 
nature  as  soon  as  it  occurred,  but  these  notes  will  never 
leave  my  writing-case.  I  had  rather  injure  the  success  of 
my  statements  than  add  my  name  to  the  list  of  those  stran- 
gers who  repay  the  generous  hospitality  they  have  received 
by  subsequent  cliagrin  and  annoyance. 

I  am  aware  that,  notwithstanding  my  care,  nothing  will 
be  easier  than  to  criticise  this  book,  if  any  one  ever  chooses 
to  criticise  it. 

*  LegisladTe  and  execativo  docamenU  haya  been  fumislicd  to  tno  wilh  > 
kindncn  which  I  shall  alirajs  remcinber  irith  (piktttude.  Among  tlie  Amcr- 
icsa  italewncn  who  have  thns  helped  mj  rescarchcB,  I  will  moution  particu- 
Uxlj  Mr.  Ëdwaid  Livingslon,  then  Secrelaiy  of  SlaW,  aHcrwatds  Minuter 
FleoipoteDtiaij  aE  Farig.  During  mj  staj  at  Washinfrion,  he  was  kind 
enoDgh  to  gire  me  moEt  of  the  dopamEnte  whiizh  I  poescsa  relating  to  the 
Federal  Govennnent.  Mr.  LiviDgsLon  is  odd  of  the  few  men  whoso  writinga 
CMM  us  to  cODC^Te  an  allèction  foi  them,  whom  wc  admire  and  respect 
eren  before  we  come  to  know  them  personall;,  and  to  whom  it  ia  &  ^\euim 
ID  owe  a  debt  oTgimtilade. 


18  DTTKHniCnOK. 

Those  readera  who  may  csunine  it  cloael7  wd  dûcorer, 
I  think,  in  the  whole  wmk,  a  donùniiit  thought  wbidi 
binds,  so  to  speak,  its  sevenl  parts  together.  Bnt  the  di- 
versity of  the  sntgects  I  bave  had  to  treat  is  exceeding]^ 
great,  and  it  will  not  be  dïfficiilt  to  oppose  an  isolated  fiict 
to  the  body  of  facts  which  I  cite,  or  an  isolated  idea  to  the 
body  of  ideas  I  put  forth.  I  hope  to  be  read  in  the  spirit 
wltich  lias  guided  my  labors,  and  that  my  book  may  be 
judged  by  the  general  impression  it  leaves,  as  I  have 
formed  my  own  judgment  not  on  any  sin^e  reason,  bot 
upon  the  mass  of  evidence. 

It  must  not  be  forgotten  that  the  antiior  who  wishes  to 
be  understood  i^  obliged  to  push  all  his  ideas  to  their  nt^ 
most  theoretical  consequences,  and  often  to  the  verge  of 
what  is  false  or  Impracticable  ;  for  if  it  be  necessary  some- 
times to  depart  &om  the  rules  of  logic  in  action,  such  is 
not  the  case  in  discourse,  and  a  man  finds  it  almost  as  diffi- 
cult to  be  inconsistent  in  his  language,  as  to  be  consistent 
in  his  conduct. 

I  conclude  by  myself  pointing  out  what  many  readers 
will  consider  the  principal  defect  of  the  work.  This  book 
is  written  to  fiivor  no  particular  \iews,  and  in  composing 
it,  I  liave  entertained  no  design  of  serving  or  attacking 
any  party.  I  have  undertaken,  not  to  see  differently  &om 
others,  but  to  look  further  tluin  others,  and  whilst  they  are 
busied  for  the  morrow  only,  I  have  turned  my  tlioughts  to 
till)  whole  future. 


rift 


DEMOCRACY  U  AMERICA. 


CHAPTER    I. 

EXTEBIOB  FORM  OF  NORTH  AMERICA. 

North  America  divided  into  two  met  Regions,  one  inclining  toward  the 
Pole,  the  other  toward  the  Eqaator.  —  Valley  of  the  Mississippi. — 
Traces  found  there  of  the  Berolutions  of  the  Globe.  —  Shore  of  the 
Atlantic  Ocean,  on  which  the  English  Colonics  were  founded. — 
DifTcrent  Aspects  of  North  and  of  South  America  at  tlio  Time  of 
their  Discovery.  —  Forests  of  North  America.  —  Prairies.  —  Wandering 
Tribes  of  Natives.  —  Their  outward  Appearance,  Manners,  and  Lan- 
guages.—  Traces  of  an  unknown  People. 

NORTH  AMERICA  presents  in  its  external  form 
certain  general  features  which  it  is  easy  to  discrim- 
inate at  the  first  glance. 

A  sort  of  methodical  order  seems  to  have  regulated  tlie 
separation  of  land  and  water,  mountains  and  valleys.  A 
simple  but  grand  arrangement  is  discoverable  amidst  the 
confusion  of  objects  and  the  prodigious  variety  of  scenes. 

This  continent  is  divided  almost  equally  into  two  vast 
regions,  one  of  which  is  bounded  on  the  north  by  the  Arc- 
tic Pole,  and  by  tlie  two  great  oceans  on  the  east  and  west. 
It  stretches  toward  the  south,  forming  a  triangle,  whose 
irregular  sides  meet  at  length  above  the  great  lakes  of 
Canada.  The  second  region  begins  where  the  other  ter- 
minates, and  includes  all  the  remainder  of  the  continent. 
The  one  slopes  gently  toward  tlie  Pole,  the  other  toward 
the  Equator. 


r 


'M  imoauoT  IN  jjmioA. 

The  territory  ctmipidieDiled  in  ibm  flnt  ng 
toward  the  north  with  w  imparcqifiblfl  »  alope,  tint  it 
may  almost  be  said  to  fiinii  a  plûn.  Within  the  bomub 
of  this  immense  lerel  tract  there  are  neither  hif^  moaai- 
ttâas  nor  deep  valleya.  Streams  meander  throiif^  it  ineg* 
ularly  ;  great  riT^ra  intertwine,  separate,  and  meet  agpin, 
spread  into  vast  manhea,  losing  all  trace  aC  Ûuàe  t-W'Tujn 
in  the  labyrinth  of  waters  ikey  have  themsehea  mated, 
and  thus  at  length,  after  innomeraUe  winding  fiO  intA 
the  Polar  seas.  The  great  lakea  which  bound  tins  first 
region  are  not  walled  in,  fib  moat  of  those  in  Ae  Old 
World,  between  hills  and  rocks.  Thdr  banks  an  flat, 
and  rise  but  a  few  feet  above  the  lerel  of  thdr  waters,  — 
each  of  them  thus  forming  a  vast  bowl  filled  to  the  brim. 
The  slightest  change  in  the  structure  of  the  globe  would 
cause  their  waters  to  rush  either  towards  the  Pole  or  to 
the  tropical  seas. 

The  sectmd  region  has  a  more  broken  sur&ce,  and  is  bet- 
ter suited  for  the  habitation  of  man.  Two  long  chidns  of 
mountains  divide  it,  &om  one  extreme  to  the  other:  the 
one,  named  the  Alleghany,  follows  the  direction  of  the 
shore  of  tlie  Atlantic  Ocean  ;  the  other  is  parallel  with 
the  Pacific. 

The  space  which  lies  between  these  two  chains  of  moun- 
tains contains  1,341,6-19  square  miles.*  Its  surfiice  is 
therefore  about  six  times  as  great  as  that  of  France. 

This  vast  territory,  however,  forms  a  sin^e  valley,  one 
side  of  which  descends  from  the  rounded  summits  of  the 
Allcghanies,  while  the  other  rises  in  an  uninterrupted 
course  to  the  tops  of  the  Rocky  Mountains.  At  the  botr 
torn  of  the  valley  flows  an  immense  river,  into  which  thé 
various  streams  issuing  from  the  mountains  &11  from  all 
parts.  In  memory  of  their  native  huid,  tlie  French  6a- 
merly  called  this   river  the  St  Louis.     The  Indians,  in 

*  Jhibft  View  of  tlw  U^Md  Bum,  f .  4W. 


EITERIOB  FOKH  OF  MOBTH  AMERICA.  21 

ttàr  pompous  language,  have  named  it  the  Father  of 
Waten,  or  the  Mississippi. 

The  Mississippi  takes  iU  source  at  the  boundary  of  the 
two  great  re^ons  of  which  I  have  spoken,  not  far  from  the 
highest  point  of  the  table-land  where  they  unite.  Near 
the  same  spot  rises  another  river  [the  Red  River  of  the 
North],  which  empties  itself  into  the  Polar  seas.  The 
course  of  the  Mississippi  b  at  first  dubious  :  it  winds  sev- 
eral times  towards  the  north,  whence  it  rose  ;  and  only  at 
length,  after  having  been  delayed  in  lakes  and  marshes, 
does  it  assume  its  definite  direction,  and  flow  slowly  on- 
ward to  the  south. 

Sometimes  quietly  gliding  along  the  argillaceous  bed 
which  nature  haa  assigned  to  it,  sometimes  swollen  by 
fi^shetfl,  the  Mississippi  waters  over  2,500  miles  in  ite 
course.  At  the  distance  of  1,364  miles  from  its  month, 
this  river  attains  an  average  depth  of  fifteen  feet  ;  and  it  is 
navigated  by  vessels  of  300  tons  burden  for  a  course  of 
nearly  500  miles.  Fifb^-seven  large  navigable  rivers  con- 
tribute to  swell  the  waters  of  tlie  Mississippi  ;  amongst 
others,  the  Missouri,  which  traverses  a  space  of  2,500 
miles,'  the  Arkansas,  1,300  miles,  the  Red  River,  1,000 
miles,  the  Ohio,  959  miles  ;  four  whose  course  is  from  800 
to  1,000  miles  in  length,  viz.  the  Illinois,  the  St.  Peter's, 
the  St.  Francis,  and  the  Des  Moines  ;  besides  a  countless 
multitude  of  rivulets  which  unite  from  all  parts  their  trib- 
utary streams. 

The  valley  which  is  watered  by  the  Mississippi  seems  to 
have  been  created  for  it  alone,  arid  there,  like  a  god  of  an- 
tiquity, the  river  dispenses  both  good  and  evil.  Near  the 
stream,  nature  displays  an  inexhaustible  fertility  ;  in  pro- 
portion as  you  recede  from  its  banks,  the  powers  of  vegeta- 
tion languish,  the  soil  becomes  poor,  and  the  plants  that 
Borvive  have  a  sickly  growth.*     Nowhere  have  the  great 

■  Tbà  tlatenimit  it  exaggenied,  or  gjrea  a  false  impnuton.     t^  fcrâM 


2S  DEHOCBACT  DI  AVEBICA. 

con^-uIsions  of  the  globe  left  more  evident  tnces  tliim  ÏD 
tlie  valley  of  the  Mississippi.  The  whole  aspect  of  the 
country  shows  the  powerftil  effects  of  water,  both  bj  ita 
fertility  and  its  barrenness.  The  waters  of  the  primeval 
ocean  accumulated  enonnouB  beds  of  vegetable  monld  in 
tlie  valley,  which  they  levelled  as  they  retired.  Upon  the 
riglit  bank  of  tlte  river  are  found  immense  plains,  as 
smooth  as  if  tlio  husbandman  had  passed  over  them  with 
Iiis  roller.  As  you  approach  the  mountains,  the  soil  b^ 
comes  more  and  more  unequal  and  sterile  ;  the  ground  ia, 
as  it  were,  pierced  in  a  thousand  places  by  primitive  rocks, 
wliiuli  appear  like  the  bones  of  a  skeleton  whose  fleeh  hu 
been  consumed  by  time.  The  surface  of  the  earth  is  cov- 
ered with  a  granitic  sand,  and  huge,  irregular  masses  of 
stone,  among  which  a  few  plants  force  their  growth,  and 
give  the  appearance  of  a  gi'ecn  fiuld  covered  with  the  rums 
of  a  vast  edifice.  These  stones  and  this  sand  discover,  on 
examination,  a  perfect  analogy  with  those  which  compose 
tlic  iirid  and  broken  summits  of  the  Rocky  Mountains. 
Tlic  Hood  of  waters  which  washed  the  soil  to  the  bottom 
of  the  valley,  aftorwanis  carried  away  portions  of  the 
rorks  themselves;  and  tliese,  dashed  and  bruised  against 
tlie  neighboring  cliffs,  were  left  scattered  like  wrecks  at 

4)«4cJb:t.* 

Tlio  valley  of  the  Mississippi  is,  upon  the  whole,  the 
most  magnificent  dwelling-place  prepare<l  by  God  for 
man's  alx^le  ;  and  yet  it  may  be  said  that  at  present  it  is 
but  a  mighty  descrt.f 

On  the  eastern  side  of  the  Alleglianies,  between  the 
base  of  these  mountains  and  the  Atlantic  Ocean,  there  lies 

laiiil  "  near  the  slrcam  "  ia  oden  ovrr  (ive  liuiiclrvd  miles  broarl,  ddiI  only  on 
the  M'vitcm  Kide,  anrl  at  a  greater  tliflaniv  ttian  lliis,  ii  fimiiil  a  grrat  atcrila 
tract  to  wliirJi  lliig  JosrriptioQ  is  applicable.  —  An,  V.n, 
■  Bfo  Ap|icnflix  A. 

/  T!ic  population  at  tlie  valley  ia  dow  ueartj  thiice  aa  great  aa  it  Wl* 
wliea  tliia  teat  writteu.  —  Am.  Ei>. 


EXTEBIOB  FORM  OF  NOBTH  AMEBICA.  28 

a  long  ridge  of  rocks  and  sand,  which  the  sea  appears  to 
have  left  behind  as  it  retired.  The  mean  breadth  of  this 
territory  does  not  exceed  one  hundred  miles  ;  hut  it  is 
about  nine  hundred  miles  in  length.  This  part  of  the 
American  continent  has  a  soil  which  offers  every  obstacle 
to  the  husbandman,  and  its  vegetation  is  scanty  and  un- 
varied. 

Upon  this  inhospitable  coast  the  first  united  efForts  of 
homan  industry  were  mode.  This  tongue  of  arid  land 
was  the  cradle  of  those  English  colonies  which  were  des- 
tined one  day  to  become  the  United  States  of  America. 
The  centre  of  power  still  remains  here  ;  whilst  in  the  rear 
of  it  the  tme  elements  of  the  great  people  to  whom  the 
future  control  of  the  continent  belongs  are  gatliering  al- 
most in  secrecy  together. 

When  the  Europeans  first  landed  on  tlie  shores  of  tlie 
West  Indies,  and  afterwards  on  the  coast  of  South  Amer- 
ica, they  thought  themselves  tranqiortcd  into  those  bibu- 
lous regions  of  which  poets  had  sung.  The  sea  sparkled 
with  phosphoric  light,  and  the  extraordinary  transparency 
of  its  waters  discovered  to  the  \-iew  of  the  na\-igator  all 
the  depths  of  the  abyss.*  Here  and  there  ajipeared  httle 
islands  perfumed  with  odoriferous  planta,  and  resembling 
baskets  of  flowers  floatinj^  on  the  tranquil  surface  of  the 
ocean.  Every  object  which  met  the  sight,  in  this  en- 
chanting region,  seemed  prepared  to  satisfy  tlio  wants  or 
contribute  to  the  pleasures  of  man.  Almost  all  the  trees 
were  loaded  with  nourishing  fruits,  and  those  which  were 
useless  as  food  delighted  the  eye  by  the  brilliancy  and 
variety  of  their  colora.     In, groves  of  fragrant  lemon-trees, 

•  Maltc  Bnm  tc[1s  lu  (Vol.  m.  p.  726)  tlmt  tlie  water  of  tlic  Caribbean 
Sta  ia  50  DaDiparent,  that  cortiU  and  fish  are  discEmible  nt  a  dpfith  of  sixtf 
&tboini.  The  thip  (cemcil  to  float  io  air,  the  navii^ator  became  giddj  bj 
his  eye  penetrated  through  the  rrystal  flood,  and  bclield  Biibmarinc  gardens, 
or  b«d*  of  iholls,  or  gilded  ûiHiea  gliiling  among  tutus  and  lUicVtU  of  war 


nmoouoT  m  noua*. 


wild  figs,  flowering  niTitleB,  uettaoMi,  snd  deantUn,  yrtêàt 
were  hnng  with  festoons  of  tsbooi  climUn^çlsnta,  eorand 
with  âowors,  a  nmltitoda  a^  fairdi  unknown  in  Bimpc 

displayed  their  bri^t  plnmage,  guttering  willi  JiBfU  amA. 
aznre,  and  mingled  thair  warbling  with  the  hatmonyaf  a 
world  teeming  with  life  and  motion.* 

Underneath  Uiis  brilliant  exterior,  deaih  was  concealed. 
Bat  this  fiict  was  not  tfien  known,  and  the  air  of  then 
cUmatea  bad  so  enervating  an  influence,  that  man,  ab> 
Borbed  by  present  enjoyment,  was  rendered  regaidleas  of 
the  flitore. 

North  America  appeared  mider  a  very  different  aspect  î 
there,  everything  was  grave,  serious,  and  solemn  ;  it  seemed 
created  to  be  the  domain  of  intelligence,  as  the  Soath  was 
that  of  sensual  delight.  A  turbulent  and  fuggy  ocean 
washed  its  shores.  It  was  ^rt  round  by  a  belt  of  granitic 
rocks,  or  by  wide  tracts  of  sand.  The  foliage  of  its  woods 
was  dark  and  gloomy;  for  they  were  composed  of  fir», 
larches,  evei^reen  oaks,  wild  olive-trees,  and  laurels.f 

Beyond  this  outer  belt  lay  the  thick  shades  of  the  central 
forests,  where  the  largest  trees  which  are  produced  in  the 
two  hemispheres  grow  side  by  side.  The  plane,  the  catalpa, 
the  supar-maple,  and  the  Virginian  poplar  mingled  thmr 
branchea  with  those  of  the  oak,  the  beech,  and  the  lime. 

In  these,  as  in  the  forests  of  the  Old  World,  dcstraction 
was  perpetually  going  on.  The  ruins  of  vegetation  were 
heaped  upon  each  other  ;  but  there  was  no  laboring  hand 
to  remove  them,  and  their  decay  was  not  rapid  enon^ 
to  make  room  for  the  .continual  work  of  reproduction. 
Climbing  ])lants,  grasses,  and  other  herbs  forced  their  way 
through  the  mass  of  dying  trees;  they  crept  along  their 
bending  tninks,  found  nourishment  in  their  dusty  cavitiea, 

•  Sm  Appendix  B. 

t  Th««e  iro  not  good  tpedmeiu  of  tbe  tnei  on  our  Atlantic  cout     Ha, 
pine*,  i^prcHO,  while  and  lire  oalu,  woold  have  bean  ■  better 
—Ajf-Sp. 


EXTEBIOB  FORM  OF  NORTH  AMERICA.  25 

and  a  passage  beneath  the  lifeless  bark.  Thus  decay  gave 
its  assistance  to  life,  and  their  respective  productions  were 
mingled  together.  The  depths  of  these  forests  were  gloomy 
and  obscure,  and  a  thousand  rivulets,  undirected  in  their 
course  by  human  industry,  preserved  in  them  a  constant 
moisture.  It  was  rare  to  meet  with  flowers,  wild  fruits,  or 
birds,  beneath  their  shades.  The  fall  of  a  tree  overthrown 
by  age,  the  rushing  torrent  of  a  cataract,  the  lowing  of  the 
boffîJo,  and  the  howling  of  the  wind,  were  the  only  sounds 
which  broke  the  silence  of  nature. 

To  the  east  of  the  great  river,  the  woods  almost  dis- 
appeared ;  in  their  stead  were  seen  prairies  of  immense 
extent.  Whether  Nature  in  her  infinite  variety  had  denied 
the  germs  of  trees  to  these  fertile  plains,  or  whether  they 
had  once  been  covered  with  forests,  subsequently  destroyed 
by  the  hand  of  man,  is  a  question  which  neither  tradition 
nor  scientific  research  has  been  able  to  answer. 

These  immense  deserts  were  not,  however,  wholly  un- 
tenanted by  men.  Some  wandering  tribes  had  been  for 
ages  scattered  among  the  forest  shades  or  the  green  pas- 
tures of  the  prairie.  From  the  mouth  of  the  St.  Lawrence 
to  the  Delta  of  the  Mississippi,  and  from  the  Atlantic  to 
the  Pacific  Ocean,  these  savages  possessed  certain  points  of 
resemblance  which  bore  witness  of  their  common  oricnn  : 
but  at  the  same  time,  they  difiered  from  all  other  known 
races  of  men  ;  *  they  were  neither  white  like  the  Europeans, 

*  With  the  progress  of  discovery,  some  resemblance  has  been  found  to 
exist  between  the  physical  confonnation,  the  language,  and  the  liabits  of  the 
Indians  of  North  America,  and  those  of  the  Tongous,  Mantclious,  Moguls, 
Tatars,  and  other  wandering  tribes  of  Asia.  The  land  occupied  by  these 
tribes  is  not  very  distant  from  Behring's  Strait;  which  allows  of  tlie  suppo- 
sition, that  at  a  remote  period  they  gave  inhabitants  to  the  desert  continent 
of  America.  But  this  is  a  point  which  has  not  yet  been  clearly  elucidated 
by  science.  See  Malte  Brun,  Vol.  V.  ;  the  works  of  Humboldt  ;  Fischer, 
"  Conjecture  sur  l'Origine  des  Américains  "  ;  Adair,  **  History  of  the  Amer- 
ican Indians." 

i) 


26  DEMOGRAOT  m  AMEBIOA. 

nor  yellow  like  most  ^of  the  Asiatics,  nor  black  lik»  Ûmê 
n^roes.  Their  skin  was  reddish  brown,  their  hair  Img 
and  shining,  their  lips  thin,  and  their  cheekbones  VÊKjt 
prominent.  The  languages  spoken  bj  the  North  Amam 
can  tribes  were  varions  as  fiur  as  regarded  their  words,  but 
tliey  were  snbject  to  the  same  grammatical  mles.  Theaa 
rules  differed  in  several  points  from  such  as  had  been 
observed  to  govern  the  cmghi  of  language.  The  idiom 
of  the  Americans  seemed  to  be  the  product  of  new  conn 
binations  ;  and  bespoke  an  effixrt  of  the  understanding,  of 
which  the  Indians  of  our  days  would  be  incapable.^ 

The  social  state  of  these  tribes  differed  also  in  JosBy 
respects  from  all  that  was  seen  in  the  Old  Worid.  Thej 
seem  to  have  multiplied  freely  in  the  midst  of  their  deserts, 
without  coming  in  contact  with  other  races  more  civilized 
than  tlieir  own.  Accordingly,  they  exhibited  none  of  those 
indistinct,  incoherent  notions  of  right  and  wrong,  none  of 
that  deep  corruption  of  manners,  which  is  usually  joined 
with  ignorance  and  rudeness  among  nations  who,  afler 
advancing  to  civilization,  have  relapsed  into  a  state  of 
barbarism.  The  Indian  was  indebted  to  no  one  but  him- 
self ;  his  virtues,  his  vices,  and  his  prejudices  were  his  own 
work  ;  he  had  grown  up  in  the  wild  independence  of  his 
nature. 

If,  in  polished  countries,  the  lowest  of  the  people  are 
rude  and  uncivil,  it  is  not  merely  because  they  are  poor 
and  ignorant,  but  that,  being  so,  they  are  in  daily  contact 
^  with  rich  and  enlightened  men.  The  sight  of  their  own 
hard  lot  and  their  weakness,  which  is  daily  contrasted  with 
the  happiness  and  power  of  some  of  their  fellow-creatures, 
excites  in  their  hearts  at  the  same  time  the  sentiments  of 
anger  and  of  fear  :  the  consciousness  of  their  inferiority  and 
their  dependence  irritates  wliile  it  humiliates  them.  Tliis 
state  of  mind  displays  itself  in  their  manners  and  language  ; 

*  See  Appendix  C. 


Mi 


EXTERIOR  FORM  OF  NORTH  AMERICA.        27 

they  are  at  once  insolent  and  servile.  The  truth  of  this  is 
easily  proved  by  observation  :  the  people  are  more  rude  in 
aristocratic  countries  than  elsewhere  ;  in  opulent  cities  than 
in  rural  districts.  In  those  places  where  the  rich  and 
powerful  are  assembled  together,  the  weak  and  the  indi- 
gent feel  themselves  oppressed  by  their  inferior  condition. 
Unable  to  perceive  a  single  chance  of  regaining  their  equal- 
ity, they  give  up  to  despair,  and  allow  themselves  to  fall 
below  the  dignity  of  human  nature. 

This  unfortunate  effect  of  the  disparity  of  conditions  is 
not  observable  in  savage  life:  the  Indians,  although  they 
are  ignorant  and  poor,  are  equal  and  free. 

When  Europeans  first  came  among  them,  the  natives  of 
North  America  were  ignorant  of  the  value  of  riches,  and 
indifferent  to  the  enjoyments  whicli  civdlized  man  procures 
to  himself  by  their  means.  Nevertheless  there  was  nothing 
coarse  in  their  demeanor;  they  practised  an  habitual  re- 
serve, and  a  kind  of  aristocratic  politeness. 

Mild  and  hospitable  when  at  peace,  though  merciless  in 
war  beyond  any  known  degree  of  human  ferocity,  the 
Indian  would  expose  himself  to  die  of  hunger  in  order  to 
succor  the  stranger  who  asked  admittance  by  night  at  the 
door  of  his  hut  ;  yet  he  could  teai*  in  pieces  with  his  hands 
the  still  quivering  Kmbs  of  Ids  prisoner.  The  famous  re- 
publics of  antiquity  never  gave  examj)les  of  more  unshaken 
courage,  more  haughty  spirit,  or  more  intractable  love  of 
independence,  than  were  hidden  in  fonner  times  among 
the  wild  forests  of  the  New  World.*     The  Europeans  pro- 

•  We  learn  from  President  Jefferson's  "Notes  upon  Virginia,"  (p.  148,) 
that  among  the  Iroquois,  when  attacked  by  a  superior  force,  aged  men  re- 
fused to  fly,  or  to  survive  the  destruction  of  tlieir  country  ;  and  they  braved 
death  like  the  ancient  Komans  when  their  capital  was  sacked  by  the  Gauls. 
Further  on,  (p.  150,)  he  tells  us  that  there  is  no  example  of  an  Indian,  who, 
having  &IleQ  into  the  hands  of  his  enemies,  begged  for  Us  life;  on  the 
contrary,  the  captive  sought  to  obtain  death  at  the  hands  of  liis  conquerors 
by  the  use  of  insult  and  provocation. 


•        1 


duced  no  great  nqpmiiott  ^viMi  iiMj^IaiiM;îafQtt:^JiHr. 
shores  of  North  Aiiifii!i€âi^;liifiir.  présence  ipigotidind:  In|4 
ther  envy  nor  fear.  What  inflnMoe  ooold  diegr  péHMI 
over  such  men  as  we  hxve  descnb^f  1^  Inébii  eodUl 
Ure  without  wants,  suflFer  wilhoat  i^^^  fmxtmé 

his  death^ong  at  the  stake.*  like  iH  the  odier  meinMi. 
of  the  great  human  fionity,  fiheee  Mmigee  helmed  in  ibt 
existence  of  a  hettef  w<Mrid,  and  adored,  imder  diflfarenl 
names,  God,  the  Creator  of  ihe  univeane.  Their  ikoAmm 
on  the  great  inteUectnal  tmâ»  were  in  general  simple  anS 
philosophical,  f 

Although  we  ha^e  here  traced  the  eharaéter  fsi  a  priit-* 
itive  people,  yet  it  cannot  be  doubted  that  anoAier  pécfjpkii 
more  civilized  and  more  advanced  in  aD  respects,  had  pr» 
ceded  it  in  the  same  regions. 

An  obscure  tradition  which  prevailed  among  the  Indians 
on  the  borders  of  the  Atlantic,  informs  us  that  these  very 
tribes  formerly  dwelt  on  the  west  side  of  the  Mississippi. 
Along  the  banks  of  the  Ohio,  and  throughout  the  central 
valley,  there  are  frequently  found,  at  this  day,  tumvli  raised 
by  the  hands  of  men.  On  exploring  these  heaps  of  earth 
to  their  centre,  it  is  usual  to  meet  with  human  bones, 
strange  instruments,  arms  and  utensils  of  all  kinds,  made 
of  metal,  and  destined  for  purposes  unknown  to  the  pres- 
ent race. 

The  Indians  of  our  time  are  unable  to  give  any  infor- 
mation relative  to  the  history  of  this  unknown  people. 
Neither  did  those  who  lived  three  hundred  years  ago,  when 
America  was   first  discovered,  leave  any  accounts  from 

*  See  "Histoire  de  U  Louisiane/'  by  Lepage  Dupratz;  Charlevoix, 
"Histoire  de  la  Nouvelle  France " ;  "Lettres  du  Rev.  G.  Heckewelder" 
"  Transactions  of  the  American  Philosophical  Society,"  Vol.  I.  ;  JcfièrBon's 
"Notes  on  Virginia,"  pp.  135-190.  What  is  said  by  Jefferson  is  of  ea» 
pecial  weight,  on  account  of  the  personal  merit  of  the  writer,  of  his  peculiar 
position,  and  of  the  matter-of-fact  ago  in  which  he  lived. 

/  See  Appendix  D, 


*■         ;1 
1  ■ 

■J! 


^1 


EXTEBIOB  FOfiM   OF  NORTH  AMERICA.  29 

which  even  an  hypothesis  oould  be  formed.  Tradition  — 
that  perishable  jet  ever  renewed  monument  of  the  pristine 
world — throws  no  light  upon  the  subject.  It  is  an  un- 
doubted &ct,  however,  that  in  this  part  of  the  globe  thou- 
sands of  our  fellow-beings  once  lived.  When  they  came 
hither,  what  was  their  origin,  their  destiny,  their  history, 
when  and  how  they  perished,  no  one  can  tell. 

How  strange  does  it  appear  that  nations  have  existed, 
and  afterwards  so  completely  disappeared  from  the  earth 
that  the  memory  even  of  their  names  is  effaced  I  their  lan- 
guages are  lost  ;  their  glory  is  vanished  like  a  sound  with- 
out an  echo  ;  though  perhaps  there  is  not  one  which  has 
not  lefl  behind  it  some  tomb  in  memory  of  its  passage. 
Thus  the  most  durable  monument  of  human  labor  is  that 
which  recalls  the  wretchedness  and  nothingness  of  man. 

Although  the  vast  country  which  we  have  been  de- 
scribing was  inhabited  by  many  indigenous  tribes,  it  may 
justly  be  said,  at  the  time  of  its  discovery  by  Europeans, 
to  have  formed  one  great  desert.  The  Indians  occupied, 
without  possessing  it.  It  is  by  agricultural  labor  that  man 
appropriates  the  soil,  and  the  early  inhabitants  of  North 
America  lived  by  the  produce  of  the  chase.  Their  impla- 
cable prejudices,  their  uncontrolled  passions,  their  vices, 
and  still  more,  perhaps,  their  savage  virtues,  consigned 
them  to  inevitable  destruction.  The  ruin  of  these  tribes 
began  from  the  day  when  Europeans  landed  on  their 
shores  :  it  has  proceeded  ever  since,  and  we  are  now  wit- 
nessing the  completion  of  it.  They  seem  to  have  been 
placed  by  Providence  amidst  the  riches  of  the  New  World 
only  to  enjoy  them  for  a  season  ;  they  w^ere  there  merely 
to  wait  till  others  came.  Those  coasts,  so  admirably 
adapted  for  commerce  and  industry  ;  those  wide  and  deep 
rivers;  that  inexhaustible  valley  of  the  Mississippi;  the 
whole  continent,  in  short,  seemed  prepared  to  be  the  abode 
of  a  great  nation  yet  imbom. 


80 


0tlfOGEAOT  m  ÀUEtaOA. 


In  that  land  the  great  experiment  was.  to  lie  madoi  bf 
dvilized  man,  of  the  attempt  to  'conatmct  Bodetj  upon  a 
new  basis  ;  and  it  was  there,  for  the  first  time,  Âat  llieo» 
ries  hitherto  unknown,  or  deemed  impracticable,  were  to 
exhibit  a  spectacle  for  which  the  world  had  not  been  pre* 
pared  by  the  history  of  the  past. 


^-f-  ■  ■  ..«_■■■    -  _    .. .  .^  .- 


ORIGIN   OF  THE  ANGLO-AMEBICANS.  SI 


CHAPTER   II. 

ORIGIN  OF  THE  ANGLO-AMERICANS,  AND  IMPORTANCE  OF  THIS 
ORIGIN  IN  RELATION  TO  THEIR  FUTURE  CONDITION. 

Utiiity  of  knowing  the  Origin  of  Nations,  in  order  to  understand  their  So- 
cial Condition  and  their  LawB.  —  America  the  only  Conntry  in  which 
the  Starting-point  of  a  great  People  has  been  clearly  observable.  —  In 
what  Kcspcots  all  who  emigrated  to  British  America  were  similar.  —  In 
what  they  difibred.  —  Remark  applicable  to  all  the  Europeans  who  estab- 
lished themselves  on  the  Shores  of  the  New  World.  —  Colonization  of 
Virginia.  —  Colonization  of  New  England.  —  Original  Character  of  the 
first  Inhabitants  of  New  England.  —  Their  Arrival. — Their  first  I^aws. 
—  Their  Social  Contract.  —  Penal  Code  borrowed  from  the  Hebrew 
Legislation.  —  Religious  Fervor.  —  Republican  Spirit  —  Intimate  Union 
of  the  Spirit  of  Religion  with  the  Spirit  of  Liberty. 

AFTER  the  birth  of  a  human  being,  hîs  early  years 
are  obscurely  spent  în  the  toils  or  pleasures  of  child- 
hood. As  he  grows  up,  the  world  receives  him,  when  his 
manhood  begins,  and  he  enters  into  contact  with  his  fel- 
lows. He  is  then  studied  for  the  first  time,  and  it  is 
imagined  that  the  germ  of  the  vices  and  the  virtues  of  his 
maturer  years  is  then  formed. 

This,  if  I  am  not  mistaken,  is  a  great  error.  We  must 
begin  higher  up  ;  we  must  watch  the  infent  in  his  mother's 
arms;  we  must  see  the  first  images  which  the  external 
world  casts  upon  the  dark  mirror  of  his  mind,  the  first  oc- 
currences which  he  witnesses  ;  we  must  hear  the  first 
words  which  awaken  the  sleeping  powers  of  thought,  and 
stand  by  his  earliest  efforts,  —  if  we  would  understand  the 
prejudices,  the  habits,  and  the  passions  which  will  rule  Ida 


82  DDfOGRAOT  IN  AimSGA. 

life.    The  entire  man  is,  so  to  speak,  to  be  seen  in  tlie  din 

die  of  the  child. 

The  growth  of  nations  presents  something  analogooa  to 
this  ;  they  all  bear  some  marks  of  their  origin.  Tlie  di^ 
cumstanccs  wliich  accompanied  their  birth  and 
to  their  development  affect  the  whole  term  of  their 

If  we  were  able  to  go  back  to  the  elements  of  states,  and 
to  examine  tlie  oldest  monimients  of  their  history,  I  doobt 
not  that  we  should  discover  in  them  the  primal  canae  of 
tlie  prejudices,  the  habits,  the  mling  passions,  and,  in  short, 
of  all  that  constitutes  what  is  called  the  national  charactiBil 
We  should  there  find  the  explanation  of  certain  cnstomr 
which  now  seem  at  variance  with  the  prevailing  manners  ; 
of  such  laws  as  conflict  with  established  principles  ;  and  of 
such  incoherent  opinions  as  ai'e  here  and  there  to  be  met 
with  in  society,  like  those  fragments  of  broken  chains 
which  we  sometimes  see  hanging  from  the  vaults  of  an  old 
edifice,  and  supporting  nothing.  This  might  explain  tlie 
destinies  of  certain  nations  which  seem  borne  on  by  an  un- 
known force  to  ends  of  which  tliey  themselves  are  igno- 
rant. But  hitherto  flxcts  have  been  wanting  to  researches 
of  this  kind:  the  spirit  of  inquiry  has  only  come  upon 
communities  in  their  latter  days  ;  and  when  they  at  length 
contemplât »h1  their  origin,  time  had  already  obscured  it, 
or  ignorance  ;  nd  jiride  adorned  it  with  truth-concealing 
fiibles. 

America  is  the  only  country  in  which  it  has  been  possi- 
ble to  witness  the  natural  and  tranquil  growth  of  society, 
and  whore  the  influence  exercised  on  the  future  condition 
of  states  by  their  origin  is  clearly  distinguishable. 

At  the  period  when  the  peoples  of  Europe  landed  in  the 
New  World,  their  national  characteristics  were  already 
completely  formed  ;  each  of  them  had  a  ])hysiognomy  of 
its  own  ;  and  as  they  had  already  attained  tliat  stage  of 
civilization  at  which  men  are  led  to  study  themselves,  they 


OBiam   OP  THE  ANGLO-AMERICANS.  33 

kve  transmitted  to  ns  a  faithfiil  picture  of  their  opinions, 
âieir  manners,  and  their  laws.  The  men  of  the  sixteenth 
a^tuiy  are  almost  as  well  known  to  us  as  our  eontemporar 
lies.  America,  consequently,  exhibits  in  the  broad  light 
«f  day  the  phenomena  which  the  ignorance  or  rudeness  of 
earlier  ages  conceals  &om  our  researches.  Near  enough  to 
the  time  when  the  states  of  America  were  founded,  to  be 
accurately  acquainted  with  their  elements,  and  sufficiently 
removed  from  that  period  to  judge  of  some  of  their  results, 
the  men  of  our  own  day  seem  destined  to  see  further  than 
their  predecessors  into  the  series  of  human  events.  Provi- 
dence has  given  us  a  torch  which  our  forefatlifers  did  not 
possess,  and  has  allowed  us  to  discern  fundamental  causes 
in  the  history  of  the  world  which  the  obscurity  of  the  past 
concealed  from  them. 

If  we  carefully  examine  the  social  and  political  state  of 
America,  afler  having  studied  its  history,  we  shall  remain 
perfectly  convinced  that  not  an  opinion,  not  a  custom,  not 
a  law,  I  may  even  say  not  an  event,  is  upon  record  which 
the  ori^  of  that  people  will  not  explain.  The  readers  of 
this  book  will  find  in  the  present  chapter  the  germ  of  all 
that  is  to  follow,  and  the  key  to  almost  the  whole  work. 

The  emigrants  who  came  at  different  periods  to  occupy 
the  territory  now  covered  by  the  American  Union  differed 
£rom  each  other  in  many  respects  ;  their  aim  was  not  the 
same,  and  they  governed  themselves  on  different  principles. 

These  men  had,  however,  certain  features  in  common, 
and  they  were  all  placed  in  an  analogous-  situation.  The 
tie  of  language  is,  perhaps,  the  strongest  and  the  most  du- 
rable that  can  unite  mankind.  All  the  emigrants  spoke 
the  same  tongue  ;  they  were  all  offsets  from  the  same  peo- 
ple. Bom  in  a  country  which  had  been  agitated  for  cen- 
turies by  the  struggles  of  faction,  and  in  wliicli  all  parties 
had  been  obliged  in  their  turn  to  place  themselves  under 

the  protection  of  the  laws,  their  political  education  had 

2#  o 


-< 


84  DEHOGBAOT  IN  AMEBIOA.  .  . 

been  perfected  in  this  rode  schodl;  and  they  wean  joam 
conversant  with  the  notions  of  rig^it,  and  the  principlea  of 
true  fireedom,  than  the  greater  part  a(  their  European  cqik 
temporaries.  At  the  period  of  the  first  émigrations»  the 
township  system,  that  firaitfol  germ  of  &ee  instttalions,  was 
deeply  rooted  in  the  haHts  of  the  English  ;  and  with  it 
the  doctrine  of  the  soverrâgnly  of  the  people  had  been  m- 
troduced  into  the  bosom  of  the  monarchy  of  the  house 
of  Tudor. 

The  religious  quarrels  which  have  agitated  the  Christian 
world  were  then  rife.  Eln^and  had  plnnged  into  the  new 
order  of  thTngs  with  headlong  vehemence.  The  character 
of  its  inhabitants,  which  had  always  been  sedate  and  veAa^ 
tive,  became  argumentative  and  austere.  General  informa- 
tion had  been  increased  by  intellectual  contests,  and  the 
mind  had  received  in  them  a  deeper  cultivation.  Whilst 
religion  was  the  topic  of  discussion,  the  morals  of  the  people 
became  more  pure.  All  these  national  features  are  more 
or  less  discoverable  in  the  physiognomy  of  those  English- 
men who  came  to  seek  a  new  home  on  the  opposite  shores 
of  the  Atlantic. 

Another  remark,  to  which  we  shall  hereafter  have  occa- 
sion to  recur,  is  applicable  not  only  to  the  English,  but  to 
the  French,  the  Spaniards,  and  all  the  Europeans  who 
successively  established  themselves  in  the  New  World.  All 
these  European  colonies  contained  the  elements,  if  not  the 
development,  of  a  complete  democracy.  Two  causes  led  to 
this  result.  It  may  be  said  generally,  that  on  leaving  the 
mother  country  the  emigrants  had,  in  general,  no  notion  of 
superiority  one  over  another.  The  happy  and  tlie  powerful 
do  not  go  into  exile,  and  there  are  no  surer  guaranties  of 
equality  among  men  than  poverty  and  misfortune.  It  hap- 
pened, however,  on  several  occasions,  that  persons  of  rank 
were  driven  to  America  by  political  and  religious  quarrels. 
Laws  were  made  to  establish  a  gradation  of  ranks  ;  but  it 


OKIGIN   or  THE  ANGLO-AMERICANS.  85 

waa  soon  fotrnd  that  the  soil  of  America  was  opposed  to  a 
territorial  aristocracy.  To  bring  that  refractory  land  into 
cnltivation,  the  constant  and  interested  exertions  of  thn 
owner  liimself  were  necessary  ;  and  when  the  ground  was 
prepared,  its  produce  waa  found  to  be  insufficient  to  enrich 
a  proprietor  and  a  fermer  at  the  same  time.  The  land  was 
then  naturally  broken  up  into  small  portions,  which  the 
proprietor  cultivated  for  himself.  Land  .is  the  basis  of  an 
aristocracy,  which  clings  to  the  soil  that  supports  it  ;  for 
it  is  not  by  privileges  alone,  nor  by  birth,  but  by  landed 
property  handed  down  from  generation  to  generation,  that 
an  aristocracy  is  constituted.  A  nation  may  present  im- 
mense fortunes  and  extreme  wretchedness  ;  but  unless  those 
fortunes  are  territorial,  there  is  no  true  aristocracy,  but 
simply  the  class  of  the  rich  and  tliat  of  the  poor. 

All  the  British  colonies  had  then  a  great  degree  of  femily  , 
likeness  at  the  epoch  of  their  settlement.  All  of  them,  from 
their  beginning,  seemed  destined  to  witness  the  growth,  not 
of  the  aristocratic  liberty  of  their  mother  country,  but  «rf 
that  freedom  of  the  middle  and  lower  orders  of  which  the 
history  of  tlie  world  had  aa  yet  ftimished  no  complete 
example. 

In  this  general  uniformity,  however,  several  striking 
differences  were  discernible,  wliich  it  is  necessary  to  point 
out.  Two  branches  may  be  distinguished  in  the  great 
Anglo-American  family,  which  have  hitherto  grown  up 
without  entirely  commingling  ;  the  one  in  the  South,  the 
other  in  the  Korth. 

Virpnia  received  the  first  English  colony  ;  the  emigrants 
took  possession  of  it  in  1607.  The  idea  that  mines  of  gold 
and  silver  are  the  soifrces  of  national  wealth  was  at  that 
time  singularly  prevalent  in  Enrope  ;  a  fatal  delusion,  which 
has  done  more  to  impoverish  the  European  nations  who 
adopted  it,  and  lias  cost  more  lives  in  America,  than  the 
united  iuBuence  of  war  and  bad  laws.     The  men  sent  to 


36  DEMOCBACY   IN   AMERICA. 

Virginia  •  were  aeokcrs  of  gold,  adventurers  without  re- 
sources and  without  cliaracter,  whoso  turbulent  aud  resb- 
lefls  spirit  endangered  the  înSmt  colony ,t  and  rendered  its 
progresa  uncertain.  Artisans  and  agriculturists  arrived 
afternards;  and,  although  they  were  a  more  moral  and 
orderly  race  of  men,  they  were  hardly  in  any  reaped 
abo\*e  the  level  of  the  inferior  classes  in  England.J  No 
iotty  views,  no  spiritual  conception,  presided  over  the 
foundation  of  these  new  settlements.  The  colony  waa 
scarcely  established  when  slavery  was  introduced  ;  fj  this 
was  the  capital  fact  which  was  to  exercise  an  immense  in- 
fluence on  the  character,  the  laws,  and  the  whole  future 
of  the  South.  Slavery,  as  we  shall  afterwards  show,  dift- 
honor?  labor  :  it  introduces  idleness  into  society,  and  with 
idleness,  ignorance  and  pride,  luxury  and  distress.  It  ener< 
vatcs  the  powers  of  the  mind,  and  benumbs  the  ictÎTity 
of  man.     The  influence  t^  slavery,  united  to  the  English 

•  The  eliHter  granted  bj  the  crown  of  England  in  1609  slipnlalad, 
amongst  other  conations,  that  Ûti  adrentnncrs  «bonid  ftj  to  tbe  etown  ft 
flfth  of  the  produce  of  all  gold  and  nlrcr  minea.  Ste  Manhall'a  Ufe  of 
Wutiington,  Vol.  I.  pp.  18~GG. 

t  A  large  portioa  of  the  adTentoren,  Baji  Stith  (Hulorj  of  Vugini»), 
were  unprincipled  jonng  men  of  famllj,  irhom  their  parent!  wera  glad  to 
«hip  off  in  order  to  uve  them  horn  an  ignominionB  fate,  diacbaiged  mt- 
TantB,  frandnlent  bankrupts,  debaachees,  and  othen  of  the  aame  claM,  peo- 
ple more  apt  to  piUago  and  deetro^  than  to  promote  the  welbre  of  tbs 
wtttement.  Seditions  leadera  easily  enticed  this  band  into  evei7  kind  of 
«Ktravagance  and  exceaa.     See  for  the  hiator;  of  Virginia  the  fbllowing 

"  Bixtor?  of  Virginia,  from  the  Flitt  Settlementa  in  the  Tear  1SS4,"  bj 

"  History  of  Virginia,"  bj  William  Stith, 
"  History  of  Virginia,  from  the  Bailiest  Praiod,"  by  BcTsriey, 
t  It  waa  not  till  some  time  later  that  a  certain  number  of  rich  Engjiib 
Afdialiata  came  to  establiah  themaelves  in  the  colony. 

•  %  BltiTery  wa*  introdnced  aboat  tbe  ye«r  1620,  hy  a  Dutch  twwI. 
thlUeh  landed  twenty  negroet  oa  the  banka  of  the  James  BÎTer.  Bm 
BOUImers. 


ORIGIN  OF  THE  ANGLO-AMERICANS.  37 

character,  explains  the  manners  and  the  social  condition  of 
the  Southern  States.  J 

In  the  North,  the  same  English  character  as  liie  ground 
received  totally  different  colj^rs.  Here  I  may  be  allowed 
to  enter  into  some  details. 

In  the  Enghsh  colonies  of  the  North,  more  generally 
known  as  the  States  of  New  England,*  the  two  or  three 
main  ideas  which  now  constitute  the  basis  of  the  social 
theory  of  the  United  States  were  first  combined.  The 
principles  of  New  England  spread  at  first  to  the  neigh- 
boring States  ;  they  then  passed  successively  to  the  more 
distant  ones  ;  and  at  last,  if  I  may  so  speak,  they  inter- 
fenetrated  the  whole  confederation.  They  now  extend 
their  influence  beyond  its  limits,  over  the  whole  American 
world.  The  civilization  of  New  England  has  been  like  a 
beacon  lit  upon  a  hill,  which,  after  it  has  diffused  its 
warmth  immediately  aroimd  it,  also  tinges  the  distant; 
horizon  with  its  glow. 

The  foundation  of  New  England  was  a  novel  spectacle,  I 
and  all  the  circumstances  attending  it  were  singular  and 
original.  Nearly  all  colonies  have  been  first  inhabited, 
either  by  men  without  education  and  without  resources, 
driven  by  their  poverty  and  their  misconduct  firom  the 
land  which  gave  them  birth,  or  by  speculators  and  adven- 
turers greedy  of  gain.  Some  settlements  cannot  even 
boast  so  honorable  an  origin  ;  St.  Domingo  was  founded 
by  buccaneers  ;  and,  at  the  present  day,  the  criminal 
courts  of  England  supply  the  population  of  Australia. 

The  settlers  who  established  themselves  on  the  shores  of 
New  England  all  belonged  to  the  more  independent  classes 
of  their  native  country.     Their  union  on  the  soil  of  Amer- 

*  The  States  of  New  England  are  those  situated  to  the  east  of  the  Hod- 
son.  Thej  are  now  six  in  namber:  —  1.  Connecticut;  2.  Rhode  Island; 
3.  Massachusetts  ;  4.  New  Hampshire  ;  5.  Vermont  ;  6.  Maine.  [The  last 
two,  as  distinct  States,  are  of  comparativel/  recent  origin.] 


88 


DEMOCRACY   IS  AMEEICA. 


^ 
) 


ica  at  ooce  presented  the  singular  [ilienamenon  of  a  society  \ 
containing  neither  lords  nor  coimnon  people,  and  we  may  I 
almost  saj,  nether  rich  nor  poor.    These  men  possessed,  { 
in  proportion  to  their  aiimher,  a  greater  mass  of  inteliî» 
gence  than  is  to  be  tumid  in  any  European  nation  of  oas  i 
own  time.     All,  [icrhaps  without  a  single  exception,  had  I 
received  a  good  education,  and  many  of  them  were  known  J 
in  Europe  for  tlieir  talents  and  their  actjuirementâ.     Thai] 
other  colonies  luil  been  founded  by  adventurer  without. I 
&milies;   the  emigrants   of  Isevr  England  brought  with  i 
them  the  best  elements  of  order  and  morahty  ;  they  landed  A 
on  the  desert  coast  accompanied  by  thrâr  wives  and  cIuIt  ■  \ 
dren.     But  what    especially  distinguished  them    jirom    aUtJ 
others  was  the  aHm  uf  ihoir  underiakict;.     Tliey  had  not   " 
been  obliged  by  n^ .  i.-.-it_;'  t.,  I.mm.-  llicir  cumitry;  tlie  social 
position  they  abandoned  was  one  to  be  regretted,  and  thor 
means  of  subsistence  were  certain.     Nor  did  they  cross  tba 
Atlantic  to  improve  their  situation  or  to  increase   their 
wealth  ;  it  was  a  purely  intellectual  craving,  which  called 
them  &om  the  comforU  of  l^eir  former  hcones  ;   and  in 
&cing  the  inevitable  sniFerings  of  exile,  their  object  waa 
the  triumph  of  an  idea. 
—"'TTie  emigrants,  or,  as  they  deservedly  s^Ied  themselvco, 
the  Pilgrims,  belonged  to  that  English  sect  the  ansteritjr 
of  whose  principles  had  acquired  for  them  the  name  t£  .  ■ 
Puritans.     Puritanism  was  not  merely  a  reli^ous  doctrine, 
but  it  corresponded  in  many  pointa  with  the  moat  abstdnte 
democratic  and  repu  bhcan 'theories.     It  was  this  tendency 
which  had  aroused  its  most  dangerous  adversaries.    Perse- 
cuted by  the  government  of  the  mother  country,  and  di»* 
gusted  by  the  habits  of  a  socie^  which  the  rigor  of  their 
own  principles  condemned,  the  Puritans  went  forth  to  seek 
some  rude  and  unfrequented  part  of  the  world,  where  they 
could  live  according  to  their  own  opinions,  and  worship 
Ood  in  &eedom. 


ORIGIN  OF  THE  ÂNGLO-AMEBICAKS.  89 

A  few  qnotations  will  throw  more  light  upon  the  spirit 
of  these  pious  adventurers  than  all  that  we  can  say  of 
them.  Nathaniel  Morton,*  the  historian  of  the  first  years 
of  the  settlement,  thus  opens  his  subject  :  — 

"Gentle  Keader,  —  I  have  for  some  length  of  time 
looked  upon  it  as  a  duty  incumbent  especially  on  the  im- 
mediate successors  of  those  that  have  had  so  large  expe- 
rience of  those  many  memorable  and  signal  demonstrations 
of  God's  goodness,  viz.  the  first  beginners  of  this  Planta- 
tion in  New  England,  to  commit  to  writing  his  gracious 
dispensations  on  that  behalf;  having  so  many  inducements 
thereunto,  not  only  otherwise,  but  so  plentifully  in  the 
Sacred  Scriptures  :  that  so,  what  we  have  seen,  and  what 
our  fathers  have  told  us  (Psalm  Ixxviii.  3,  4),  we  may  not 
hide  firom  our  children,  showing  to  the  generations  to  come 
the  praises  of  the  Lord  ;  that  especially  the  seed  of  Abra- 
ham his  servant,  and  the  children  of  Jacob  his  chosen 
(Psalm  cv.  6,  6),  may  remember  his  marvellous  works  in 
the  beginning  and  progress  of  the  planting  of  New  Eng- 
land, his  wonders  and  the  judgments  of  his  mouth  ;  how 
that  God  brought  a  vine  into  this  wilderness  ;  that  he  cast 
out  the  heathen,  and  planted  it  ;  that  he  made  room  for  it 
and  caused  it  to  take  deep  root;  and  it  filled  the  land 
(Psalm  Ixxx.  8,  9).  And  not  only  so,  but  also  that  he 
hath  guided  his  people  by  his  strength  to  his  holy  habita- 
tion, and  planted  them  in  the  moimtain  of  his  inheritance 
in  respect  of  precious  Gospel  enjoyments:  and  that  as 
especially  God  may  have  the  glory  of  all  unto  whom  it  is 
most  due  ;  so  also  some  rays  of  glory  may  reach  the  names 
of  those  blessed  Saints,  that  were  the  main  instruments 
and  the  beginning  of  this  happy  enterprise." 

It  is  impossible  to  read  this  opening  paragraph  without 
an  involuntary  feeling  of  religious  awe  ;   it  breathes  the 

•  "New  England's  Memorial,"  p.  13  (Boston,  1826).  See  also  Hutch- 
inson's Histoiy,  Vol.  IL  p.  440. 


40  mHOGRAOT  IN  AMEnOA, 

Tory  savor  of  Goqpel  antiqiiity.  The  nndCRtj  of  d» 
author  heightens  his  power  of  langnige.  Ik  odr  ejm^  m 
well  m  in  his  own,  it  was  not  a  mere  party  of  adventuien 
gone  forth  to  seek  their  fortune  beyond  seas,  bat  the  gem 
of  a  great  nation  wafted  by  Providence  to  a  predesdned 
shore. 

The  author  conlinnes,  and  thus  describeB  the  depattm 
of  the  first  pilgrims:  — 

'^  So  they  left  that  goodly  and  pleasant  dty  of  Leyden,* 
which  had  been  their  resting-plaoe  fat  above  eleven  yean  ; 
but  they  knew  that  they  were  pilgrims  and  strangers  here 
below,  and  looked  not  much  on  these  things,  bat  lifted  np 
their  eyes  to  heaven,  their  dearest  conntry,  where  Qoi 
hath  prepared  fi^  them  a  cSij  (Heb.  xi.  16),  and  thereii^ 
quieted  their  spirits.  When  they  came  to  Del&*Havea 
they  found  the  ship  and  all  things  ready  ;  and  such  of  their 
firiends  as  could  not  come  with  them  followed  after  them, 
and  sundry  come  from  Amsterdam  to  see  them  shipt,  and 
to  take  their  leaves  of  them.  One  night  was  spent  with 
little  sleep  with  the  most,  but  with  friendly  entertainment 
and  Christian  discourse,  and  other  real  expressions  of  true 
Christian  love.  The  next  day  they  went  on  board,  and 
their  friends  with  them,  where  truly  doleftd  was  the  sight 
of  that  sad  and  moumftd  parting,  to  hear  what  sighs  and 
sobs  and  prayers  did  sound  amongst  them  ;  what  tears  did 
gush  from  every  eye,  and  pithy  speeches  pierced  each 

*  The  emigrants  were,  for  the  most  part,  godlj  Christians  finm  the 
northern  [central]  part  of  England,  who  had  quitted  their  native  conntcy  be- 
cause thej  were  "  studious  of  reformation,  and  entered  into  coYonant  to  walk 
with  one  another  according  to  the  primitiye  pattern  of  the  Word  of  Gk>d." 
They  emigrated  to  Holland,  and  settled  in  the  city  of  Lcyden  in  1610, 
where  they  abode,  being  lovingly  respected  by  the  Dutch,  for  many  years  : 
they  left  it  in  1620  for  several  reasons,  the  last  of  which  was,  that  their  pot- 
terity  would  in  a  few  generations  become  Dutch,  and  so  lose  their  interest  in 
the  English  nation  ;  they  being  desirous  rather  to  enlai^go  his  Migesty's  do 
minions,  and  to  live  under  their  natural  prince.  —  Tnaulakn-'e  Note, 


M»'«"t^  ■'  ■^^jjja—  ■^^    -  ■—  ■ 


ORIGIN  OF  THE  ANGLO-AMERICANS.  41 

other's  heart,  that  sundry  of  the  Dutch  strangers  that 
stood  on  the  Key  as  spectators  could  not  refrain  from  tears. 
But  the  tide  (which  stays  for  no  man)  calling  them  away, 
that  were  thus  loth  to  depart,  their  Reverend  Pastor,  falling 
down  on  his  knees,  and  they  aU  with  him,  with  watery 
cheeks  commended  them  with  most  fervent  prayers  unto 
the  Lord  and  his  blessing  ;  and  then  with  mutual  embraces 
and  many  tears  they  took  their  leaved  one  of  another, 
which  proved  to  be  the  last  leave  to  many  of  them." 

The  emigrants  were  ahont  150  in  number,  including  the 
women  and  the  children.  Their  object  was  to  plant  a  col- 
ony on  the  shores  of  the  Hudson  ;  but  after  having  been 
driven  about  for  some  time  in  the  Atlantic  Ocean,  they 
were  forced  to  land  on  the  arid  coast  of  New  England,  at 
the  spot  which  is  now  the  town  of  Plymputh.  The  rock 
is  still  shown  on  which  the  pilgrims  disembarked.* 

'*  But  before  we  pass  on,"  continues  our  historian,  "  let 
the  reader  with  me  make  a  pause,  and  seriously  consider  this 
poor  people's  present  condition,  the  more  to  be  raised  up  to 
admiration  of  God's  goodness  towards  them  in  their  pres- 
ervation :  for  being  now  passed  the  vast  ocean,  and  a  sea 
of  troubles  before  them  in  expectation,  they  had  now  no 
friends  to  welcome  them,  no  inns  to  entertain  or  refresh 
them,  no  houses,  or  much  less  towns,  to  repair  unto  to  seek 
for  succour  :  and  for  the  season  it  was  winter,  and  they  that 
know  the  winters  of  the  country  know  them  to  be  sharp 
and  violent,  subject  to  cruel  and  fierce  storms,  dangerous 
to  travel  to  known  places,  much  more  to  search  unknown 
coasts.     Besides,  what  could  they  see  but  a  hideous  and 

*  This  rock  has  become  an  object  of  veneratioii  in  the  United  States.  I 
have  seen  bits  of  it  carefully  prescnred  in  several  towns  of  the  Union.  Does 
not  this  sufficiently  show  how  all  human  power  and  greatness  are  entirely  in 
the  soul  ?  Here  is  a  stone  which  the  feet  of  a  few  poor  fugitives  pressed  for 
an  instant,  and  this  stone  becomes  famous  ;  it  is  treasured  by  a  great  nation, 
a  fragment  is  prized  as  a  reUc.  But  what  is  become  of  the  doorsteps  of  a 
âioiuand  palaces  ?    YHio  troahlea  himaéif  about  them  \ 


42  DEMOCEACy   IN  ASKRICA. 

desolate  wilderness,  full  of  wilde  beasts,  and  wildti  men  ? 
and  what  multitudes  of  them  there  were,  tliey  then  knev 
not:  for  which  way  soever  they  turned  their  eyes  (save 
upward  to  Heaven)  they  could  have  but  little  solaco  or 
content  in  respect  of  any  outward  object;  lor  summer 
being  ended,  all  things  stand  in  appearance  with  a  weather- 
lieaten  face,  and  the  whole  country,  full  of  woods  and 
thickets,  represented  a  wild  and  savage  hew  ;  if  they 
looked  behind  them,  there  was  the  mighty  oeean  whicli 
they  had  passed,  and  was  now  as  a  main  bar  or  giiljih  to 
separate  them  trom  all  the  civil  parts  of  the  world."  * 

It  must  not  be  imagined  that  the  piety  of  the  Piiritana 
was  merely  speculative,  or  that  it  took  no  cognizance  of 
the  course  of  worldly  affairs.  Puritanism,  as  I  have  aL> 
ready  R'miirked,  was  scarcely  less  a  pohtical  ilian  a  relig> 
,  ious  doctrine.  J4^o  sooner  had  the  emigrants  landed  ok 
*  the  barren  coast  described  by  Nathaniel  Morton,  than  it 
was  their  Brst  care  to  constitute  a  society,  by  subscriluilg 
the  following  Act  ;  — 

"  In  the  name  of  God.  Amen.  We,  whose  names, 
are  uiiderwritten,  the  loyal  subjects  of  onr  dread  Soveredgn 
Lord  King  James,  &c.  Sui^  Having  undertaken  for  the 
glory  of  God,  and  adTaaeesieDt  of  the  Christian  Faith,  and 
the  honour  of  our  King  and  country,  a  voyage  to  plant  the 
first  colony  in  the  northern  parts  of  Virginia  ;  Do  by  these 
presents  solemnly  and  mutually,  in  the  presence  of  God 
and  one  another,  covenant  and  comlune  ourselves  together 
into  a  civil  body  politick,  fi>r  our  better  ordering  and  pres- 
ervation, and  furtherance  of  the  ends  aforesaid  :  and  hy 

*  Thoogb  the  work  from  whidi  the  foregoing  extracts  are  taken  tppeani 
nnder  the  dtle  of  "New  Englind'i  Memorial,"  m  written  b^  NMhanM 
Morion,  it  wu  compiled  by  bim  cbleflj  from  the  maniucripts  of  William 
Bradford,  who  vat  one  of  the  leaden  of  the  Filgiimi  daring  their  stay  in 
HolUod,  and  was  eteded  the  goTcmor  of  their  settlement  at  Pljmonll^ 
which  office  he  continaed  to  hold  tor  many  years.  The  langonge  in  then 
extnctt  ia  almost  entirol?  that  of  Bradford.  —  Am.  Ed. 


m*-- 


OBIGIK  OF  THE  ANGLO-AMERICANS.  43 

virtue  hereof  do  enact,  constitute,  and  frame  such  just  and 
equal  laws,  ordinances,  acts,  constitutions,  and  offices,  from 
time  to  time,  as  shall  be  thought  most  meet  and  convenient 
for  the  general  good  of  the  Colony  :  unto  which  we  prom- 
ise all  due  submission  and  obedience,"  &c.* 

This  happened  in  1620,  and  from  that  time  forwards  the 
emigration  went  on.  The  religious  and  poUtical  passions 
which  ravaged  the  British  empire  during  the  whole  rei^ 
of  Charles  I.  drove  fresh  crowds  of  sectarians  every  year 
to  the  shores  of  America.  In  England,  the  stronghold  of 
Puritanism  continued  to  be  in  the  middle  classes  ;  and  it 
was  from  the  middle  classes  that  most  of  the  emigrants 
came.  The  population  of  New  England  increased  rapidly  ; 
and  whilst  the  hierarchy  of  rank  despotically  classed  the 
inhabitants  of  the  mother  country,  the  colony  approximated 
more  and  more  the  novel  spectacle  of  a  comiïîunity  homo- 
geneous in  all  its  parts.  A  democracy,  more  perfect  than 
antiquity  had  dared  to  dream  of,  started  in  full  size  and 
panoply  from  the  midst  of  an  ancient  feudal  society. 

The  English  government  was  not  dissatisfied  with  a 
large  emigration  which  removed  the  elements  of  fresh 
discord  and  ftirther  revolutions.  On  the  contrary,  it  did 
everything  to  encourage  it,  and  seemed  to  have  no  anxiety 
about  the  destiny  of  those  who  sought  a  shelter  on  the  soil 
of  America  from  the  rigor  of  their  laws.  It  appeared  as 
if  New  England  was  a  region  ^ven  up  to  the  dreams  of 
Êuicy,  and  the  unrestrained  experiments  of  innovators. 

The  English  colonies  (and  this  is  one  of  the  main  causes 
of  their  prosperity)  have  always  enjoyed  more  internal 
freedom  and  more  political  independence  than  the  colonies 

*  The  emigrants  who  founded  the  State  of  Rhode  Island  in  1638,  those 
who  landed  at  New  Haven  in  1637,  the  first  settlers  in  Connecticut  in  1639, 
and  the  founders  of  Providence  in  1640,  hegan  in  like  manner  by  drawing 
up  a  social  contract,  which  was  acceded  to  by  all  the  interested  parties.  See 
Pitkin's  History,  pp.  42  and  47. 


44  DEMOCBACT'  IN   AMERICA. 

of  other  nations  ;  and  this  principle  of  Uberly  was  nowhei 
more  extensively  applied  than  in  the  States  of  New  Eiag 
land. 

It  was  generally  allowed  at  that  period,  that  the  tenritd 
ries  of  the  New  World  belonged  to  that  European  natioi 
which  had  been  the  first  to  discover  them.  Nearly  t 
whole  coast  of  North  America  thus  beciirae  a  British  poa 
seaaion  towards  ttie  end  of  the  sixteenth  century. 
means  used  by  the  Enghsh  government  to  people  thei 
new  domains  were  of  several  kinds  :  the  king  eoinetimel| 
appointed  a  governor  of  his  own  choice,  who  ruled  a 
tion  of  the  New  World  in  tlie  name  and  under  the  immo' 
diate  orders  of  the  crown  ;  "  this  is  the  colonial  syste 
adopted  by  the  other  countries  of  Europe.  Sonielimes,.^ 
grants  of  certain  tracts  were  made  by  the  cro 
dividoal  or  to  a  company,t  ùi  which  case  all  the  civil  and' 
political  power  fell  into  the  hands  of  one  or  more  persons; 
who,  under  the  inspection  and  control  of  the  crown,  scJd 
the  lands  and  governed  the  inhabitants.  Lastly,  a  third 
system  consisted  in  allowing  a  certun  number  of  emigranti 
to  form  themselves  into  a  political  society  under  the  pro* 
tection  of  the  mother  country,  and  to  govern  themselves 
in  whatever  was  not  contrary  to  her  laws.  This  mode  of 
colonization,  so  favorable  to  liber^,  was  adopted  only  in 
New  England.^ 

■  ThiewMthecMein  theStinofNeirTork. 

t  Maryland,  tlie  CaroUoM,  Penniflraun,  uid  New  Jenej  ««n  in  ddt 
ntiutioo.     See  Pitkin's  Hiitory,  Vol.  I.  pp.  Il  -31. 

t  See  the  work  entitled  ^^i  HiHorical  Collection  of  State  Pi{)en  mi 
other  anthcntic  Documenta  Enteuded  as  H&tcrials  for  an  Histoij  of  tbt 
nnilcd  States  of  America,  bj  Ebenezor  Hazard,"  (Philadelphia,  179%)  ftr 
•  great  nnmber  of  docnmeQU  lelatiiig  to  the  commencement  of  the  coloiûëi, 
which  are  valnable  fiom  their  contents  and  their  anthentid^:  amoDgff 
them  aie  the  Tarions  charte»  gnuited  b^  the  king  of  England,  aqd  tta 
fint  acta  of  the  local  goTermoenU. 

See  also  the  analjsii  of  all  these  duiten  given  bj  Mr.  Storj,  Jndge  of 


ORIGIN  OF  THE  ANGLO-AMERICANS.  45 

In  1628,*  a  charter  of  this  kînd  was  granted  by  Charles 
I.  to  the  emigrants  who  went  to  form  the  colony  of  Mass»- 
chosetts.  But,  in  general,  charters  were  not  given  to  the 
colonies  of  New  England  till  their  existence  had  bec<Mne 
an  established  feet.  Plymouth,  Providence,  New  Haven, 
Connecticut,  and  Rhode  Island  f  were  founded  without  the 
help,  and  almost  without  the  knowledge,  of  the  mother 
country.  The  new  settlers  did  not  derive  their  powers 
fix>m  the  head  of  the  empire,  although  they  did  not  deny 
its  supremacy  ;  they  constituted  themselves  into  a  society, 
and  it  was  not  till  thirty  or  forty  years  afterwards,  imder 
Charles  11.,  that  their  existence  was  legally  recognized  by 
a  royal  charter. 

This  frequently  renders  it  difficult,  in  studying  the  ear- 
liest historical  and  legislative  records  of  New  England,  to 
detect  the  link  which  connected  the  emigrants  with  the 
land  of  their  forefathers.  They  continually  exercised  the 
rights  of  sovereignty  ;  they  named  their  magistrates,  con- 
cluded peace  or  declared  war,  made  police  regulations,  and 
enacted  laws,  as  if  their  allegiance  was  due  only  to  God.  J 
Nothing  can  be  more  curious,  and  at  the  same  time  more 
instructive,  than  the  legislation  of  that  period  ;  it  is  there 
that  the  solution  of  the  great  social  problem  which  the 
United  States  now  present  to  the  world  is  to  be  found. 

the  Supreme  Court  of  the  United  States,  in  the  Introduction  to  his  '*  Com- 
mentaries on  the  Constitution  of  the  United  States/'  It  is  proved  by  these 
documents,  that  the  principles  of  representative  government  and  the  external 
forms  of  political  liberty  were  introduced  into  all  the  colonies  almost  from 
their  origin.  These  principles  were  more  fully  acted  upon  in  the  North 
than  in  the  South,  but  they  existed  everywhere. 

»  See  Pitkin's  History,  p.  35.  Also,  the  "  History  of  the  Colony  of 
Massachusetts  Bay,"  by  Hutchinson,  Vol.  I.  p.  9. 

t  See  Pitkm's  History,  pp.  42,  47. 

I  The  inhabitants  of  Massachusetts  had  deviated  from  the  fonns  wWdl. 
are  preserved  in  the  criminal  and  civil  procedure  of  England  ;  ia 
name  of  the  king  was  not  yet  put  at  the  head  of  the  decnet  of  J 
Hatchinson,  YoL  I.  p.  452. 


Vi  DEMOCRACY   DJ   AMERICA. 

Amongst  llipse  documents  we  shall  nohce,  as  espectaUjT 
characteristic,  the  code  of  laws  promnlgtited  by  the  iltùt 
Blate  of  Connecticiit  in  1650,* 

Tlie  legislators  of  Connecticut  f  be^n  with  the  pena] 
laws,  and,  strange  to  say,  they  borrow  their  proviaiona  from 
the  text  of  Holy  Writ. 

"Whosoever  shall  worship  any  other  God  than  the 
Lord,"  says  the  preamble  of  iJie  Code,  "shiJl  surely  be 
pnt  to  death."  This  is  followed  by  ten  or  twelve  enact- 
ments of- the  same  kind,  copied  verliatira  from  the  books 
of  Exodus,  Leviticus,  and  Deuteronomy.  Blasphemy,  sor- 
cery, adultfry,j  and  rape  were  punished  with  death  ;  an 
outrage  ofiered  by  a  son  to  liia  parents  wns  to  be  exj»- 
ated  by  the  same  penalty.  The  legislation  of  a  rude  and 
half-civiUzed  people  waa  thus  applied  to  an  enlightened  and 
moral  community.  The  consequence  was,  tliat  the  punisli- 
ment  of  death  was  never  more  frequently  prescribed  by 
statute,  and  never  more  rarely  enforced.  § 

The  chief  care  of  the  le^lators,  in  this  body  of  p^uil 
hiws,  was  the  maintenance  of  orderly  conduct  and  good 
morals  in  the  commonity:  thus  they  constantly  invaded 

•  Code  of  1650,  p.  38  (Hartford.  1830). 

t  Sec  alio  in  Hutchinson's  Histar}r,  Vol.  I.  pp.  43S,  4SG,  tbe  Htaljrii 
of  the  penal  code  adopted  id  1MB  by  the  coIodj  of  MuuchmetM:  iUt 
code  h  drawn  up  on  tho  some  prinriplcs  at  that  of  Connecticut. 

X  Adultery  wa»  alio  puntehed  with  death  by  the  law  of  UMMcfatueM: 
and  HutchiniOD  (Vol.  I.  p.  MI)  wyi  that  seT«ral  pcnoiu  actnally  iiiBml 
for  tliii  crime.  He  quotes  a  corioiu  aoecdotc  on  tbU  (ubject,  of  what  twk 
place  in  the  year  1663.  A  manied  voinan  had  had  criminal  intareoraa 
with  a  young  man  ;  her  husband  died,  and  ehe  manned  the  lover.  Sevan) 
y«arB  had  elapsed,  when  (he  public  b^an  to  suspect  the  previont  intanoana 
of  this  couple  :  they  were  thrown  into  prison,  pat  upon  trial,  and  vvy  mf 
tDwly  escaped  capital  punishment. 

(  Except  in  England,  up  to  the  beginning  of  the  pieaent  cenbuy,  vhan 
nioTe,^haa  one  hundred  dimes  were  statutably  punishable  with  death,  bM 
not  more  than  one  out  of  a  hundred  convicted  persons  wm  act«ally  «a» 
cnted.  —  Am.  Ed. 


•rrrr 


ORIGIN  OF  THE  ANGLO-AMERICANS.  47 

the  domain  of  conscience,  and  there  was  scarcely  a  sin 
•which  was  not  subject  to  magisterial  censure.  The  reader 
is  aware  of  the  rigor  with  which  these  laws  punished  rape 
and  adultery;  intercourse  between  unmarried  persons  was 
likewise  severely  repressed.  The  judge  was  empowered  to 
inflict  either  a  pecuniary  penalty,  a  whipping,  or  mar- 
riage,* on  the  misdemeanants  ;  and  if  the  records  of  the 
old  courts  of  New  Haven  inay  be  believed,  prosecutions- 
of  this  kind  were  not  unfrequent.  We  find  a  sentence, 
bearing  date  the  1st  of  May,  1660,  inflicting  a  fine  and 
reprimand  on  a  young  woman  who  was  accused  of  using 
improper  language,  and  of  allowing  herself  to  be  kisscd.f 
The  Code  of  1650  abounds  in  preventive  measures.  It 
pimishes  idleness  and  drunkenness  with  severity.  J  Inn- 
keepers were  forbidden  to  furnish  more  than  a  ceiiain 
quantity  of  liquor  to  each  consimier  ;  and  simple  lying, 
whenever  it  may  be  injurious,^  is  checked  by  a  fine  or  a 
flogging.  In  other  places,  the  legislator,  entirely  forget- 
ting the  great  principles  of  rehgious  toleration  which  he 
had  himself  demanded  in  Europe,  makes  attendance  on 
divine  service  compulsory,  ||  and  goes  so  far  as  to  visit  with 
severe  punishment,^  and  even  with  death.  Christians  who 

*  Code  of  1650,  p.  48.  It  appears  sometimes  to  have  happened  that  the 
judges  inflicted  these  punishments  cumulatively,  as  is  seen  in  a  sentence 
pronounced  in  1643  (New  Haven  Antiquities,  p.  114),  by  which  Margaret 
Bedford,  convicted  of  loose  conduct,  was  condemned  to  be  whipt,  and  aftcr- 
wwds  to  marry  Nicolas  Jemmings,  her  accomplice. 

t  New  Haven  Antiquities,  p.  104.  See  also  Hutchinson's  History  for 
KTend  causes  equally  extraordinaiy. 

t  Code  of  1650,  pp.  50,  57.  §  Ibid.,  p.  64.  |I  Ibid.,  p.  44. 

^  This  was  not  peculiar  to  Connecticut.  See,  for  instance,  tlie  law 
which,  on  the  13th  of  September,  1644,  banished  the  Anabaptists  from 
Massachusetts.  (Historical  Collection  of  State  Papers,  Vol.  I.  p.  538.)  See 
tiso  the  law  against  the  Quakers,  passed  on  the  14th  of  October,  1656. 
«  Whereas,"  says  the  preamble,  "  an  accursed  race  of  heretics  called  Qaakers 
has  sprung  up,"  etc  The  clauses  of  the  statute  inflict  a  heavy  flue  on  «î\. 
captains  of  ship»  who  àboïûd  import  Quaken  into  the  country.  TY\o  Q,\UBà{LCX% 


48  DBMOGBAOT  IN  MOmO^ 

chose  to  worship  God  aoooiding  to  a  ritoil  diflSariBg 
his  own.*  Sometimes,  indeed,  the  seal  fiir  fegak/Sott  itm 
duces  him  to  descend  to  the  most  firiroloai  psrlkiitMi^ 
thus  a  law  is  to  be  fcnmd  in  the  same  code  whidb  fiioliilifti 
the  use  of  tobacco,  f  It  mnst  not  be  forgotten  tfaafclhiWi 
fantastical  and  vexations  lawi  weiie  not  imposed  by 
thority,  but  that  they  weiie  fieelj  voted  bj  all  the 
interested  in  them,  and  that  the  manners  of  the 
nity  were  even  more  austere  and  puritanical  than  die  hmt' 
In  1649,  a  solenm  association  was  formed  in  BostoBr  te 
check  the  worldly  luxury  of  long  hair.  ^  ^s^ 

These  errors  are  no  doubt  discreditable  to  haman  ZiM 
son  ;   they  attest  the  inferiority  of  our  natme,  wUdk*  it;. 
incapable  of  laying  firm  hold  upon  what  is  true  and- jiw%r 
and  is  often  reduced  to  the  alternative  of  two  excesses.. 
In  strict  connection  with  this  penal  legislation,  which  bears, 
such  striking  marks  of  a  narrow,  sectarian  spirit,  and  of 
those  religious  passions  which  had  been  warmed  by  perse- 
cution and  were  still  fermenting  among  the  people,  a  body 
of  political  laws  is  to  be  found,  which,  though  writtep  two 
hundred  years  ago,  is  still  in  advance  of  the  liberties  of 
our  age. 

The  general  principles  which  are  the  groundwork  of 
modem  constitutions  —  principles  which,  in  the  seven- 
teenth century,  were  imperfectly  known  in  Europe,  and 

who  may  be  found  there  shall  be  whipt  and  imprisoned  with  hard  labor.  Tho« 
members  of  the  sect  who  should  defend  their  opinions  shall  be  first  fined, 
then  imprisoned,  and  finally  driven  oat  of  the  province.  Historical  Col- 
lection of  State  Papers,  Vol.  I.  p.  630. 

*  By  tihe  penal  law  of  Massachusetts  [1647]  any  Catholic  priest  who 
should  set  foot  in  the  colony  after  having  been  once  driven  out  of  it  was  . 
liable  to  capital  pnnishment  [This  act  had  a  political  rather  than  an  oodo- 
fiastical  purpose,  and  was  of  a  piece  with  the  penal  legislation  of  Englaiid 
at  about  the  same  period,  and  long  afterwards,  against  the  CathoUd» 
—Ax.  Ed.] 

t  Code  of  1650,  p.  96. 

I  New  England's  Memorial,  p.  316.     See  Appendix  £. 


OBIGIM  OF  TBE  AMaLO-AHEBICANS.  49 

not  completely  trininphaiit  even  in  Great  Britain — were 
dl  recognized  and  established  ly  the  hwa  of  New  Eng- 
land :  the  intervention  of  the  people  in  public  aflàirs,  the 
âree  voting  of  taxes,  the  responsibility  of  the  agents  of 
power,  personal  liberty,  and  trial  by  jury,  were  all  posi* 
tirely  established  without  discussion. 

These  fruitful  principles  were  there  applied  and  devet 
oped  to  an  extent  such  as  no  nation  in  Europe  has  yet 
ventured  to  attempt. 

In  Connecticut  the  electoral  body  consisted,  from  its 
origin,  of  the  whole  number  of  citizens  ;  and  this  is  read- 
fly  to  be  understood,*  when  we  recollect  that  in  tliis  young 
conmiunity  there  was  an  ahnost  perfect  eqnaBty  of  fortune, 
and  a  still  greater  uniformity  of  opinions. f  In  Connecti- 
cut, at  tliis  period,  all  the  executive  fiinctionaries  were 
elected,  including  the  Governor  of  the  Statc.J  The  citi- 
«ena  above  the  age  of  sixteen  were  obliged  to  bear  arms  [ 
they  formed  a  national  militia,  which  appointed  its  own 
officers,  and  was  to  hold  itself  at  all  times  in  readiness  to 
march  for  the  defence  of  the  country.^ 

In  the  laws  of  Connecticut,  as  well  as  in  all  those  of 
New  England,  we  find  the  germ  and  gradual  development 
of  that  township  Independence,  which  is  the  life  and  main- 
Spring  of  American  hberty  at  the  present  day.  Tlie  poht- 
ical  existence  of  the  majority  of  the  nations  of  Europe 
conunenced  in  the  superior  ranks  of  society,  and  was 
gradually  and  imperfectly  communicated  to  the  different 
members  of  the  social  body.    In  America,  on  the  contrary, 

*  ConatitDtion  of  1638,  p.  IT. 

t  In  1641  the  General  Aisemblj'  o(  Rhode  Island  ananimoiiElf  doctarod 
that  the  goTemmcDt  of  the  state  was  a  democracy,  and  thnt  tlic  poirer  m* 
TMted  in  the  body  of  free  citizens,  vha  atone  had  the  riglit  to  make  ths 
lam  and  to  watcli  their  execution.     Code  of  1650,  p.  TO. 

t  Filkin'i  History,  p.  47. 

I  CoottitQtioaof  1638,  p.  13. 


fl 


I 


50  DXHocB&oT  jsiMaaak 

it  may  be  said  that  die  townabip  vh  "y"™^  IxAn  Aft 
conn^,  the  coonty  befoiç  the  Stwte,  die  State  bAn  ftt 

■Union. 

In  New  Englsndf  towiuhips  wen  eianpletély  Mfl  flaflij 
tively  constituted  u  euiy  as  1650.  TTin  iiii1f|nniifiiM  in  of 
the  township  was  the  nndens  round  wUdi  the  loed  iat«t> 
esta,  passions,  rights,  and  dndes  collected  uid  clwig.  -A  • 
gave  scope  to  the  activity  of  a  real  politicai  life,  thcnxig^^ 
democratic  and  repnhlicim.  The  colonies  still  Tecogmnd 
the  anpremacy  of  the  mother  country  ;  monarchy  was  «Ifill 
the  Uw  of  the  State  ;  bat  the  republic  was  alreadj'  «tab> 
lished  in  every  township. 

.  The  towns  named  th«âr  own  ma^tratea  of  ereiy  Uat*  ' 
rated  themselves,  and  levied  their  own  taxes.*  In  lim 
New  England  town,  the  law  of  representation  was  not 
adopted  ;  hut  tlie  affairs  of  the  commnnity  were  discussed, 
as  at  Athens,  in  the  market-place,  by  a  general  assembly 
^^  the  citizens. 
■yla  studying  the  laws  which  were  promulgated  at  this 
early  era  of  tlie  American  republics,  it  is  impossiUe  not  to 
be  struck  by  the  remarkable  acquaintance  with  the  science 
of  government,  and  the  advanced  theory  of  l^islation, 
which  they  display.  The  ideas  there  formed  of  the  duties 
of  society  towards  itB  members  are  evidently  much  loftier 
and  more  comprehensive  thsm  those  of  European  legislator! 
at  diat  time  :  obligations  were  there  imposed  upon  it  which 
it  elsewhere  slighted.  In  the  States  of  New  England,  firom 
the  first,  tlie  condition  of  the  poor  was  provided  for  ;  f 
strict  measures  were  taken  for  the  maintenance  of  roads, 
and  surveyors  were  appointed  to  attend  to  them  ; }  records 
were  established  in  every  town,  in  which  the  results  of 
public  deliberations,  and  the  births,  deaths,  and  marriages 
<rf  the  citizens,  were  entered  ;  §  clerks  wore  directed  to 

•  Code  of  1650,  p.  80,  t  Iliid-,  p-  78.  (  Hid,  p.  4», 

f  6ea  UutchiDUD's  Hiitoiy,  Toi.  L  p.  *ii. 


ORIGIN  OF  THE  ANGLO-AMEBIGANS.  51 

keep  these  records;*  of&cers  were  charged  wîth  the  ad- 
ministration of  vacant  inheritances,  and  with  the  arbitra- 
tion of  litigated  landmarks;  and  many  others  were  cre- 
ated, whose  chief  ftmctions  were  the  maintenance  of  public 
order  in  the  community.!  The  law  enters  into  a  thou- 
sand various  details  to  anticipate  and  satisfy  a  crowd  of 
-social  wants  which  are  even  now  very  inadequately  felt 
in  France.  , 

But  it  is  by  the  mandates  relating  to  Public  Education 
that  the  original  character  of  American  civilization  is  at 
once  placed  in  the  clearest  light.  "It  being,"  says  the 
law,  "  one  chief  project  of  that  old  deluder,  Satan,  to  keep 
men  from  the  knowledge  of  the  Scripture  by  persuading 
them  from  the  use  of  tongues,  to  the  end  that  learning 
may  not  be  buried  in  the  graves  of  our  forefathers,  in 
church  and  commonwealth,  the  Lord  assisting  our  en- 
deavors." X  Here  follow  clauses  estabUshing  schools  in 
every  township,  and  obliging  the  inhabitants,  under  pain 
of  heaivy  fines,  to  support  them.  Schools  of  a  superior 
kind  were  founded  in  the  same  manner  in  the  more  popu- 
lous districts.  The  municipal  authorities  were  bound  to 
enforce  the  sending  of  children  to  school  by  their  parents  ; 
they  were  empowered  to  inflict  fines  upon  all  who  refused 
compliance  ;  and  in  cases  of  continued  resistance,  society 
assumed  the  place  of  the  parent,  took  possession  of  the 
child,  and  deprived  the  Either  of  those  natural  rights  which 
he  used  to  so  bad  a  purpose.  The  reader  will  undoubt- 
edly have  remarked  the  preamble  of  these  enactments  :  in 
America,  religion  is  the  road  to  knowledge,  and  the  obser- 
vance of  the  divine  laws  leads  man  to  civil  freedom. 

If,  after  having  cast  a  mpid  glance  over  the  state  of 
American  society  in  1650,  we  turn  to  the  condition  of 
Europe,  and  more  especially  to  that  of  the  Continent,  at 
the  same  period,  we  cannot  fail  to  be  struck  with  astonish^ 

•  Ck)de  of  1650,  p.  86.  f  Ibid.,  p.  40.  X  Ib\d.,  v  ^^' 


M  DKMOGBAOT  IH  AMESfflL.       ' 

mont.  On  the  continent  of  Europe,  ai  the  hegatàoBg.^, 
the  seventeenth  centoiy,  ahsolate  momicli^  had  uimj» 
where  triumphed  over  the  mnu  of  the  oligucliical 
feudal  liberties  of  the  Middle  Ages.  Never  pabq» 
tlie  ideas  of  right  more  completely  oreriookedt  tbtti  m  iim 
midst  of  the  splendor  and  literature  of  Europe  ;  new  wai 
thcro  loss  political  activity  among  the  people  ;  never  wmê 
tho  principles  of  true  fireedom  less  widely  circi]Iated;.iiMi 
at  that  very  time,  those  principles,  which  wexe  seamed  €V 
unknown  by  the  nations  of  Europe,  were  prodaiiBed  Sb, 
tho  doserts  of  the  New  World,  and  were  accepted  as  die 
f\i(uro  creed  of  a  great  people.  The  boldest  théorie»  of 
tho  luiman  mind  were  reduced  to  practice  by  a  caouiiaoi^ 
no  humble,  that  not  a  statesman  condescendcMl  to  attend  to 
it  ;  and  a  system  of  legislation  without  a  precedent  was 
pi*(Mhu*od  offhand  by  the  natural  originality  of  men'e 
hna^iuations.  In  the  bosom  of  this  obscure  democracy, 
wliioh  had  as  yet  brought  forth  neither  generals,  nor  phi- 
liwophers,  nor  authors,  a  man  might  stand  up  in  the  face 
of  a  free  people,  and  pronounce  with  general  applause  the 
tbUowing  fine  definition  of  hberty.* 

"  Concerning  hberty,  I  observe  a  great  mistake  in  the 
iM)untry  about  that.  There  is  a  twofold  hberty,  natural 
Cl  mean  as  our  nature  is  now  corrupt)  and  civil  or  federaL 
The  first  is  common  to  man  with  beasts  and  other 
turcs.  By  this,  man,  as  he  stands  in  relation  to 
simply,  hath  hberty  to  do  what  he  lists  ;  it  is  a  hberty  to 
evil  as  well  as  to  good.  This  hberty  is  incompatible  and 
inconsistent  with  authority,  and  cannot  endure  the  least 
restraint  of  the  most  just  authority.     The  exercise  and 

*  Mather's  "Magnalia  Christi  Americana/'  Vol.  11.  p.  13.  Tliis  speedi 
WU  made  hj  Winthrop  ;  he  was  accused  of  having  committed  arbitrai^  Ao- 
tkms  dnring  his  magistracy,  bnt  after  having  made  the  speech,  of  which  tlia 
■ibove  is  a  fragment,  he  was  acquitted  by  acclamation,  and  from  that  tims 
Ibrwards  he  was  always  re-elected  Governor  of  tlic  State.  See  Marshall^ 
Vol  L  p.  166. 


OKLQTSt  OF  THE  ANGLO-AMEBICANS.  58 

maîntaîning  of  this  liberty  makes  men  grow  more  evO,  and 
in  time  to  be  worse  than  brute  beasts  :  omnes  sumus  Ucentid 
deteriares.  This  is  that  great  enemy  of  truth  and  peace, 
that  wild  beast,  which  all  the  ordinances  of  God  are  bent 
against,  to  restrain  and  subdue  it.  The  other  kind  of  lib- 
erty I  call  civil  or  federal  ;  it  may  also  be  termed  moral,  in 
reference  to  the  covenant  between  God  and  man,  in  the 
moral  law,  and  the  politic  covenants  and  constitutions, 
amongst  men  themselves.  This  liberty  is  the  proper  end 
and  object  of  authority,  and  cannot  subsist  without  it  ;  and 
it  is  a  liberty  to  that  only  which  is  good,  just,  and  honest. 
This  Uberty  you  are  to  stand  for,  with  the  hazard  not  only 
of  your  goods,  but  of  your  lives,  if  need  be.  Whatsoever 
crosseth  this,  is  not  authority,  but  a  distemper  thereof. 
This  liberty  is  maintained  and  exercised  in  a  way  of  sub- 
jection to  authority;  it  is  of  the  same  kind  of  liberty 
wherewith  Christ  hath  made  us  free."* 

I  have  said  enough  to  put  the  character  of  Anglo- 
American  civilization  in  its  true  light.  It  is  the  result 
(and  this  should  be  constantly  present  to  the  mind)  of  two 
distinct  elements,  which  in  other  places  have  been  in  fre- 
quent hostility,  but  which  in  America  have  been  admirably 
incorporated  and  combined  with  one  another.  I  allude  to 
the  spirit  of  Religion  and  the  spirit  of  Liberty. 

The  settlers  of  New  England  were  at  the  same  time 
ardent  sectarians  and  daring  innovators.  Narrow  as  the 
limits  of  some  of  their  religious  opinions  were,  they  were 
free  from  all  political  prejudices. 

Hence  arose  two  tendencies,  distinct  but  not  opposite, 
which  are  everywhere  discernible  in  the  manners  as  well 
as  the  laws  of  the  country. 

♦  De  Tocqueville  copied  firom  the  "Magnalia"  Cotton  Mather's  imper- 
fect and  faulty  report  of  this  speech.  I  have  substituted  Winthrop's  own 
report  of  it,  as  he  inserted  it  at  the  time  in  his  "  Journal/'  a  corrected 
edition  of  which  has  been  recentlj  published  by  Mr.  Jamea  ^xtugb, — 
Ed. 


M  DEHOOUCT  m  JUISIKUL 

One  would  think  that  men  who  had  sacxiSt 
friends,  their  fsmily,  gnd  their  nstiT»  Lud  to  i 
conviction  would  be  wholly  absorbed  in  the  puranit  of  ti 
treasure  which  thej  had  just  purchased  at  no  lugli  a  price 
And  yet  we  find  them  seeking  with  neariy  equal  zeal  : 
material  woalth  and  mcral  good, — fi»  veil-being  and  (ret 
dom  on  earth,  and  ulvatioa  in  heaven.  They  moulded  1 
and  altered  at  pleasure  all  politieal  jprint^les,  and  all  hi>J 
man  laws  and  iuBtitations  ;  they  broke  dorvn  tlie  barriei 
of  the  society  in  which  tliey  were  bom  ;  tbey  disregi 
the  old  principles  which  had  goremed  the  world  for  a 
a  career  without  bounds,  a  field  without  &  horizon,  ^ 
a{>ened  before  them:  tbey  precipitate  AmwJti»  mte  ^ 
and  traverse  it  in  every  direction.  Bat,  having  raacbad 
the  limita  of  the  political  world,  tbey  stop  <^  their  own 
accord,  and  lay  aside  with  awe  the  use  of  their  most  Sapi- 
midable  faculties  ;  they  no  longer  doubt  or  innovate  ;  they 
abstain  from  raising  eveu  the  veU  of  the  sanctuary,  and 
bow  with  submissive  respect  before  truths  which  tbey  ad- 
mit without  discussion. 

Thus,  in  the  moral  world,  everything  is  classified,  Syik 
tematized,  foreseen,  and  decided  beforehand  ;  in  the  polite 
csl  world,  everything  is  agitated,  disputed,  and  uncertain. 
In  the  one  is  a  passive  though  a  voluntary  obedicaice  ;  in 
tlie  other,  an  independence  scornful  of  experience,  and 
jealous  of  all  authority.  These  two  tendencies,  appap^ 
ently  so  discrepant,  are  far  from  conflicting  ;  they  advance 
together,  and  mutually  support  each  other. 

Religion  perceives  that  civil  liberty  affords  a  noble  exei^ 
cise  to  the  &cidties  of  man,  and  that  the  political  world  ia 
a  field  prepared  by  the  Creator  for  the  efforts  of  mïnd. 
Free  and  powerful  in  its  own  sphere,  satisfied  with  the 
place  reserved  for  it,  religion  never  more  surely  establishes 
its  empire  than  when  it  reigns  in  the  hearts  of  men  onstq»» 
ported  by  aogbt  beside  its  native  strength. 


■IW^M»^ 


OBIGIN  OF  THE  AKGLO-AMEBICANS.  5â> 

Liberty  r^ards  religion  as  its  companion  in  all  its  battles 
and  its  triumphs,  —  as  the  cradle  of  its  infancy,  and  the 
divine  source  of  its  claims.  It  considers  reUgion  as  the 
safeguard  of  morality,  and  morality  as  the  best  security  of 
law,  and  the  surest  pledge  of  the  duration  of  freedom.* 


REASOKS    OP    CBETApi    ANOMALIES    WHICH    THE    LAWl 
CUSTOMS   OF  THE   AKOLO-AMERICANS  PRESENT. 

BemBins  of  Aristocratic  Institations  amidst  the  most  complete  Democracy. 
—  Why  1  —  Careful  Distinction  to  be  drawn  between  what  is  of  Puri- 
tanical and  what  of  English  Origin. 

Tbus  reader  is  cautioned  not  to  draw  too  general  or  too 
absolute  an  inference  from  what  has  been  said.  The  social 
condition,  the  religion,  and  the  manners  of  the  first  emi- 
grants undoubtedly  exercised  an  immense  influence  on  the 
destiny  of  their  new  country.  Nevertheless,  they  could 
not  found  a  state  of  things  originating  solely  in  them- 
selves :  no  man  can  entirely  shake  oflf  the  influence  of  the 
past  ;  and  the  settlers,  intentionally  or  not,  mingled  habits 
and  notions  derived  from  their  education  and  the  traditions 
of  their  country  with  those  habits  and  notions  which  were 
exclusively  their  own.  To  know  and  to  judge  the  Anglo- 
Americans  of  the  present  day,  it  is  therefore  necessary  to  dis- 
tinguish what  is  of  Puritanical  and  what  of  English  origin. 

Laws  and  customs  are  frequently  to  be  met  with  in  the 
United  States  which  contrast  strongly  with  all  that  sur- 
rounds  them.  These  laws  seem  to  be  drawn  up  in  a  spirit 
contrary  to  the  prevailing  tenor  of  American  legislation  ; 
and  these  customs  are  no  less  opposed  to  the  general  tone 
of  society.  If  the  English  colonies  had  been  founded  in  an 
age  of  darkness,  or  if  their  origin  was  already  lost  in  the 
lapse  of  years,  the  problem  would  be  insoluble. 

I  shall  quote  a  single  example  to  illustrate  my  meaning. 
The  civil  and  criminal  procedure  of  the  Americans  has 

*  Seo  Appendix  F. 


*i  IS  evident  that  such  a  lerislation  îs  hostile  t 
^nd   ta\oral»h'  oidy  to  tlie  ricli.     Tlio  poor  in: 
I  ^^  i\N  ;i  <rcr.riry  to  produce,  even   in   u  eivil  e:; 
•   1^  oMi^vd  to  wait  lor  justice  in  prison,  he 
iv'dueed  to  distress.     A  wealthy  person,  on  the 
tilways  escapes  imprisonment  in  ci>'il  cases  ;   n 
it'  lio  lias  committed  a  crime,  he  may  readily  elud 
ment  by  breaking  his  bail.    Thus  all  the  penalt 
law  are,  for  him,  reduced  to  fines.*    Nothing  cai 
aristocratic  than  this  system  of  legislation.   Yet  in 
it  is  the  poor  who  make  the  law,  and  they  osuall 
the  greatest  advantages  of  society  to  themselves, 
planation  of  the  phenomenon  is  to  be  found  in  I 
tlie  laws  of  which  I  speak  are  English,  and  the  A 
have  retained  them,  although  repugnant  to  the 
tenor  of  their  le^lation  and  the  mass  of  their  ide 
Next  to  its  habits,  the  thing  which  a  nation  is 
o  change  is  its  civil  legislation.     Civil  laws  are  f 
nown  only  to  lawyers,  whose  direct  interest  it  is 
lin  them  as  they  are,  whether  good  or  bad,  simplj 
ley  themselves  are  conversant  with  them.     ^^^ 


SOCIAL  .COHDmOH  OF  THE  ANGLO-AMEEICAMS. 


CHAPTER    III. 

SOCIAL  CONDITIOK  OF  THE  AKGLO-AMEBICANS. 

SOCIAL  condition  is  commonlj  the  result  of  circtmt- 
stances,  sometimes  of  laws,  oftener  still  of  these  two 
causes  anit«d;  but  when  once  established,  it  may  justly  be 
considered  as  itself  the  source  of  almost  all  the  laws,  the 
usines,  and  the  ideas  which  regulate  the  conduct  of  na- 
tions :  whatever  it  does  not  produce,  it  modifies. 

If  we  would  become  acquainted  with  the  legislation  and 
the  manners  of  a  nation,  therefore,  we  must  begin  by  the 
study  of  its  social  condition. 


Tbe  ficst  Etnigranta  of  NewEogluid.  —  Their  Equality. — Aristocratic  Lam 
introduced  in  Che  South.  —  Period  of  the  BcTolatioa.  —  Change  in  ths 
Laws  of  Inherilanee.  —  Eflbct*  produced  by  thi»  Change.  —  Democracy 
carriod  to  its  ntmoBt  Limits  in  the  new  Slate»  of  the  Weat.  —  Equality  of 
Abntal  Endowments. 

Many  important  observations  suggest  themselves  upon 
the  social  condition  of  the  Anglo-Americans  ;  but  there  is 
one  which  takes  precedence  of  all  the  rest.  The  social 
condition  of  the  Americans  is  eminently  democratic  ;  this 
was  its  character  at  the  foundation  of  the  colonies,  and  it  is 
Btill  more  strongly  marked  at  the  present  day, 

I  have  stated  in  the  preceding  chapter  that  great  equal- 
i^  existed  among  the  emigrants  who  settled  on  the  a\iQt«& 


..   v,,vi.   iii«  otiiers  which  might 


Ihvu   ralK'il   aristocratic,  if  it  had  been   capabi 
:m'.^>;«'!\  tVi'in  iatluM'  to  son. 

V\\\<  was  ihc  .state  of  thin<:s  to  the  east  of  th 
to  tlio  southwest  of  that  river,  and  as  far  as  th 
the  cîiso  was  different.     In  most  of  the  States  ; 
tlie  soutliwest  of  the  Hudson  some  great  Engl 
etors  had  settled,  who  had  imported  with  them  i 
principles   and   the  English  law  of  inheritance 
explained  the  reasons  why  it  was  impossible  e^ 
tablish  a  powerful  aristocracy  in  America;  thes 
existed  with  less   force  to  the  southwest  of  the 
In  the  South,  one  man,  aided  by  slaves,  could  ci 
great  extent  of  country  ;  it  was  therefore  comm( 
rich  landed  proprietors.     But  their  influence  was 
gether  aristocratic,  as  that  term  is  understood  ir 
since  they  possessed  no  privileges  ;  and  the  culti^ 
their  estates  being  carried  on  by  slaves,  they  had 
ants  depending  on  them,  and  consequently  no  p 
Still,  the  great  proprietors  south  of  tlie  Hudson  c( 
a  superior  class,  having  ideas  and  tastes  of  its  < 
fonning  the  centre  of  political  n/*^' 


,or.      «T^i  •    '  • 


T 


SOCIAL  CONDITION  OF  THE  ANGLO-AMERICANS.  59 

oeived  the  desire  of  exercising  the  authority  which  it  had 
acquired;  its  democratic  tendencies  were  awakened;  and 
having  tbrown  off  the  yoke  of  the  mother  country,  it  as- 
pired  to  independence  of  every  kind.  The  influence  of 
individuals  gradually  ceased  to  be  felt,  and  custom  and  law 
united  to  produce  the  same  result. 

But  the  law  of  inheritance  was  the  last  step  to  equality. 
I  am  surprised  that  ancient  and  modem  jurists  have  not 
attributed  to  this  law  a  greater  influence  on  human  afiairs.* 

*  I  understand  bj  the  law  of  inheritance  all  those  laws  whose  principal 
object  it  is  to  regulate  the  distribadon  of  property  afler  the  death  of  its 
owner.  The  law  of  entail  is  of  this  nmnber  :  it  certainly  prevents  the 
owner  from  disposing  of  his  possessions  before  his  death  ;  but  this  is  solely 
with  the  view  of  preserving  them  entire  for  the  heir.  The  principal  object, 
therefore,  of  the  law  of  entail,  is  to  regulate  the  descent  of  property  afler  the 
death  of  its  owner  :  its  other  provisions  are  merely  means  to  this  end. 

[We  have  had  one  modem  jurist,  Daniel  Webster,  who  anticipated  De 
Tocqueville  in  pointing  out  the  prodigious  influence,  upon  social  and  politi- 
cal affiûrs,  of  laws  regulating  the  tenure  and  inheritance  of  property.  In  his 
oration  delivered  at  Plymouth,  December  22, 1820,  Mr.  Webster  said:  "The 
character  of  the  political  institutions  of  New  England  was  determined  by 
the  fundamental  laws  respecting  property.''  He  enumerated  the  abolition 
of  the  right  of  primogeniture,  the  curtailment  of  entails,  long  trusts,  and 
other  processes  for  fettering  and  tying  up  lands,  and  the  facilities  offered  for 
the  alienation  of  estates  through  subjecting  them  to  every  sp>ecies  of  debt, 
through  public  registries  and  the  simplicity  of  our  forms  of  conveyance,  as 
acts  which  **  fixed  the  future  frame  and  farm  of  the  government**  "  The  con- 
sequence of  all  these  causes,"  he  said,  "  has  been  a  great  subdivision  of  the 
soil  and  a  great  equality  of  condition,  —  the  true  basis,  most  certainly,  of  a 
popular  government." 

In  alluding  to  the  law  in  France  which  renders  compulsory  an  equal  di- 
vision of  estates  on  the  death  of  their  owners,  Mr.  Webster  ventured  to 
predict  that,  "  if  the  government  do  not  change  the  law,  the  law,  in  half 
a  century,  will  change  the  government;  and  this  change  will  not  be  in  favor 
of  the  power  of  the  crown,  as  some  European  writers  have  supposed,  bat 
against  it." 

This  remarkable  prophecy,  uttered  in  December,  1820,  was  fulfilled  first 
by  the  Revolution  of  July,  1830,  and  then,  in  a  still  more  marked  degree,  by 
that  of  F^mary,  1848.  —Am.  Ed.] 


60  NQiOOBJLOT  IN  AMEBKU. 

It  is  true  that  these  laws  bekng  to  dyil  affion  ;  but  Am^ 
ought,  nevertheless,  to  be  placed  at  the  head  of  all  pofitifitf ^ 
institutions  ;  for  thej  exereiae  an  incredible  mftimcft  iipe>t 
the  social  state  of  a  people,  whilst  political  laws  only  ûnam^ 
what  this  state  already  is.  They  have,  moreover,  a  nMi 
and  imiform  manner  of  operating  npon  aodely,  aflSactfaofg^' 
as  it  were,  generations  yet  nnbom.  Throii|^  their  meaUi 
man  acquires  a  kind  of  ptetematmal  power  ov«r  the  ftts» 
lot  of  his  fellow-creatures.  When  the  Ifgishtmr  has  one» 
regulated  the  law  of  inheritance,  he  may  rest  firam  Ida  bh 
bor.  The  machine  once  put  in  motion  will  go  on  ftr  agee, 
and  advance,  as  if  self-guided,  towards  a  point  indicated 
beforehand.  When  framed  in  a  particular  manner»  Ûm 
law  unites,  draws  together,  and  vests  property  and  power 
in  a  few  hands  ;  it  causes  an  aristocracy,  so  to  speak,  to 
spring  out  of  the  ground.  J£  formed  on  opposite  princi- 
ples, its  action  is  still  more  rapid  ;  it  divides,  dtstributes, 
and  disperses  both  property  and  power.  Alarmed  by  the 
rapidity  of  its  progress,  those  who  despair  of  arresting  its, 
motion  endeavor,  at  least,  to  obstruct  it  by  difficulties  and 
impediments.  They  vainly  seek  to  counteract  its  efiect  by 
contrary  efforts;  but  it  shatters  and  reduces  to  powder 
every  obstacle,  until  we  can  no  longer  see  anything  but  a 
moving  and  impalpable  cloud  of  dust,  which  signals  the 
coming  of  the  Democracy.  When  the  law  of  inheritfmce 
permits,  still  more  when  it  decrees,  the  equal  division  of  a 
fether's  property  amongst  all  his  children,  its  efiects  are  of 
two  kinds  :  it  is  important  to  distinguish  them  from  each 
other,  although  they  tend  to  the  same  end. 

In  virtue  of  the  law  of  partible  inheritance,  the  death  of 
every  proprietor  brings  about  a  kind  of  revolution  in  the 
property;  not  only  do  his  possessions  change  hands,  but 
their  very  nature  is  altered,  since  they  are  parcelled  into 
shares,  which  become  smaller  and  smaller  at  each  divisiixu 
This  is  the  direct,  and  as  it  were  the  physical,  effect  of  the 


SOCIAL  CONDITION  OF  THE  ANGLO-AMEBICANS.  61 

law.  It  follows,  then,  that,  in  countries  where  equality  of 
inheritance  is  established  by  law,  property,  and  especially 
landed  property,  must  constantly  tend  to  division  into* 
smaller  and  smaller  parts.  The  effects,  however,  of  such 
legislation  would  only  be  perceptible  after  a  lapse  of  time^ 
if  the  law  were  abandoned  to  its  own  working  ;  for,  sup- 
posing the  family  to  consist  of  only  two  children,  (and,  in 
a  coimtry  peopled  as  France  is,  the  average  number  is  not 
above  three,)  these  children,  sharing  amongst  them  the 
fortune  of  both  parents,  would  not  be  poorer  than  their 
Either  or  mother. 

But  tlie  law  of  equal  division  exercises  its  influence  not 
merely  upon  the  property  itself,  but  it  affects  the  minds  of 
the  heirs,  and  brings  their  passions  into  play.  These  indi- 
rect consequences  tend  powerfully  to  the  destruction  of 
large  fortunes,  and  especially  of  large  domains. 

Among  nations  whose  law  of  descent  is  founded  upon 
the  right  of  primogeniture,  landed  estates  often  pass  from 
generation  to  generation  without  undergoing  division,  — 
the  consequence  of  which  is,  that  family  feeling  is  to  a  cer- 
tain degree  incorporated  with  the  estate.  The  family  rep- 
resents the  estate,  the  estate  the  family,  —  whose  name, 
together  with  its  origin,  its  glory,  its  power,  and  its  vir- 
tues, is  thus  perpetuated  in  an  imperishable  memorial  of 
the  past  and  a  sure  pledge  of  the  future. 

When  the  equal  partition  of  property  is  established  by 
law,  the  intimate  connection  is  destroyed  between  family 
feeling  and  the  preservation  of  the  paternal  estate;  the 
property  ceases  to  represent  the  family;  for,  as  it  must 
inevitably  be  divided  after  one  or  two  generations,  it  has 
evidently  a  constant  tendency  to  diifainish,  and  must  in  the 
end  be  completely  dispersed.  The  sons  of  the  great  land- 
ed proprietor,  if  they  are  few  in  nimiber,  or  if  fortune 
befriends  them,  may  indeed  entertain  the  hope  of  being 
as  wealthy  as  their  fiither,  but  not  of  possessing  tde  bsxcl^ 


62  DIMOORAOT  or  AMEBWlL 

property  that  he  did;  iheir  riches  matt  be  uuujpùwfl'il 
other  elements  than  his.  Now,  as  soon  as  you  diwst 
land-owner  of  that  interest  in  the  preservation  of  his 
>frhich  he  derives  from  assodationi  from  tradition,  and  frdiv 
fiunily  pride,  you  may  he  certain  that,  sooner  or  later,' li 
will  dispose  of  it  ;  for  there  is  a  strong  peconkxy  i 
ill  (hvor  of  selling,  as  floating  capital  produces  Ydf^et  i 
t\8t  than  real  property,  and  is  more  readfly  availaUe  ti 
gratify  the  passions  of  the  moment. 

Great  landed  estates  which  have  once  been  dividiÉ 
never  come  together  again  ;  for  the  small  proprietor  diaMi 
from  his  land  a  better  revenue,  in  proportion,  ihan  Aft 
large  owner  does  from  his  ;  and  of  course,  be  seDs  it  al-4 
higher  rate.*  The  calculations  of  gain,  therefore,  wUdi 
decide  the  rich  man  to  sell  his  domain,  will  still  more 
powerfiiliy  influence  him  against  buying  small  estates  to 
unite  them  into  a  large  one. 

What  is  called  family  pride  is  often  founded  upon  an 
illusion  of  self-love.  A  man  wishes  to  perpetuate  and  inn 
mortalize  himself,  as  it  were,  in  his  great-grandchildren. 
Where  family  pride  ceases  to  act,  indiridual  selfishness 
come»  into  play.  When  the  idea  of  family  becomes  vague, 
indeterminate,  and  uncertain,  a  man  thinks  of  his  present 
convenience  ;  he  provides  for  the  establishment  of  his  next 
succeeding  generation,  and  no  more.  Either  a  man  gives 
up  the  idea  of  perpetuating  his  family,  or  at  any  rate,  he 
seeks  to  accomplish  it  by  other  means  than  by  a  landed 
estate. 

Thus,  not  only  does  the  law  of  partible  inheritance  ren- 
der it  difficult  for  families  to  preserve  their  ancestral  do» 
mains  entire,  but  it  deprives  them  of  the  inclination  to 
attempt  it,  and  compels  them  in  some  measure  to  co-operate 

*  I  do  not  mean  to  say  tliat  the  small  proprietor  cultivates  his  land  bettor, 
bat  ho  cultivates  it  witli  more  ardor  and  care  :  so  tliat  he  makes  up  bjr  hto 
labor  for  his  wont  of  skill. 


SOOAL  CONDITION  OF  THE  ANGLO-AMERICANS.  68 

with  the  law  in  their  own  extinction.  The  law  of  eqnal 
distribution  proceeds  by  two  methods  :  by  acting  upon 
ihings,  it  acts  upon  persons;  by  influencing  persons,  it 
affscts  things.  By  both  these  means,  the  law  succeeds  in 
striking  at  the  root  of  landed  property,  and  dispersing  nq)- 
idly  both  families  and  fortunes.* 

Most  certainly  it  is  not  for  us,  Frenchmen  of  the  nine- 
teenth century,  who  daily  witness  the  political  and  social 
changes  wliich  die  law  of  partition  is  bringing  to  pass,  to 
question  its  influence.  It  is  perpetually  conspicuous  in  our 
country,  overthrowing  the  walls  of  our  dwellings,  and  re- 
moving the  landmarks  of  our  fields.  But  although  it  has 
produced  great  effects  in  France,  much  still  remains  for 
it  to  do.  Our  recollections,  opinions,  and  habits  present 
powerful  obstacles  to  its  progress. 

In  the  United  States,  it  has  nearly  completed  its  work 
of  destruction,  and  there  we  can  best  study  its  results. 
The  English  laws  concerning  the  transmission  of  property 
were  abolished  in  almost  all  the  States  at  the  time  of  the 
Revolution.  The  law  of  entail  was  so  modified  as  not  ma- 
terially to  interrupt  the  ifree  circulation  of  property»!  The 
first  generation  having  passed  away,  estates  began  to  be 
parceUed   out;    and  the  change  became  more  and  more 

•  Land  being  tlie  most  stable  kind  of  property,  wc  find,  from  to  time, 
rich  individuals  wlio  are  disposed  to  make  great  sacrifices  in  order  to  obtain 
it,  and  who  willingly  forfeit  a  considerable  part  of  their  income  to  make  sore 
of  the  rest.  But  these  are  accidental  cases.  The  preference  for  landed  prop- 
erty is  no  longer  found  habitually  in  any  class  but  among  tlie  poor.  The 
small  land-owner,  who  has  less  information,  less  imagination,  and  fewer  pas- 
sions than  the  gi-eat  one,  is  generally  occupied  with  the  desire  of  increasing 
his  estate  :  and  it  often  liappens  that  by  inlieritance,  by  marriage,  or  by  the 
chances  of  trade,  he  is  gradually  furnished  with  the  means.  Thus,  to  balance 
the  tendency  which  leads  men  to  divide  their  estates,  there  exists  another, 
which  incites  them  to  add  to  them.  This  tendency,  which  is  sufficient  to  pre- 
Tent  estates  from  being  divided  ad  infiniixan,  is  not  strong  enough  to  create 
great  territorial  possessions,  certainly  not  to  keep  them  up  in  the  same  family. 

t  Sec  Appendix  G. 


I 


m  DËMOCRACr   IN   A»EUICA. 

r^iid  with  the  progroos  of  time.  And  now,  after  ft  \ttpae 
of  a  little  more  than  sixty  years,  tlie  aspect  of  society  h 
totally  altered  ;  the  families  of  the  great  landed  proprietors 
are  almost  all  commingled  with  the  general  mass.  In  the 
State  of  New  York,  which  formerly  contained  many  of 
these,  there  are  but  two  who  still  keep  their  heads  abare 
the  stream  ;  and  they  must  shortly  disappear.  The  sons 
of  tliese  opulent  citizens  have  liecoine  mcrclianU,  lawyere, 
or  physicians.  Most  of  them  have  lapsed  int«  obscurity. 
The  last  trace  of  hereditary  ranks  and  distinctions  is  de- 
stroyed, —  the  law  of  partition  has  reduced  all  to  one  levd. 

I  do  not  mean  tliat  tlicrc  is  any  lack  of  wealthy  individ- 
uals in  the  United  States  ;  I  know  of  no  country,  indeed, 
where  the  love  of  money  haa  taken  stronger  hold  on  the 
affections  of  men,  and  where  a  profounder  contempt  is 
eq)resscd  for  the  theory  of  the  permanent  cquahtj  of 
property.  But  wealth  circulates  with  inconceivahle  lilH 
pidlty,  and  experience  shows  that  it  is  rare  to  find  two 
succeeding  generations  in  the  fidl  enjoyment  of  it. 

This  picture,  which  may,  perhaps,  be  thought  to  be  oven 
charged,  still  gives  a  very  imperfect  idea  of  what  is  taking 
place  in  the  new  States  of  the  West  and  Southwest  At 
the  end  of  the  last  century,  a  few  bold  adventurers  begta 
to  penetrate  into  the  valley  of- the  Mississippi;  and  tlie 
mass  of  the  population  very  soon  began  to  move  in  that 
direction;  communides  imheard  of  till  then  suddenly  u^ 
peared  in  the  desgrt.  States  whose  names  were  not  in 
existence  a  few  years  before,  claimed  their  place  in  tlie 
American  Union  ;  and  in  the  Western  settlements  we  maj 
behold  democracy  arrived  at  its  utmost  limits.  In  these 
States,  founded  off-hand,  and  as  it  were  by  chance,  the 
inhabitants  are  but  of  yesterday.  Scarcely  known  to  ona 
another,  the  nearest  neighbors  are  ignorant  of  each  other's 
histoiy.  In  this  part  of  the  American  continent,  therefare*  . 
the  population  has  escaped  the  influence  not  only  i^  great 


SOCIAL  C02n)inON  OF  THE  AK6L0-AMEBICANS.  65 

names  and  great  wealth,  but  even  of  the  natural  aristocracy 
of  knowledge  and  virtue.  None  are  there  able  to  wield 
that  respectable  power  which  men  willingly  grant  to  the 
remembrance  of  a  life  spent  in  doing  good  before  their 
eyes.  The  new  States  of  the  West  are  already  inhabited  ; 
but  society  has  no  existence  among  them. 

It  is  not  only  the  fortunes  of  men  which  are  equal  in 
America  ;  even  their  acquirements  partake  in  some  degree 
of  the  same  uniformity.  I  do  not  believe  that  thete  is  a 
country  in  the  world  where,  in  proportion  to  the  popula- 
tion, there  are  so  few  ignorant,  and  at  the  same  time  so 
few  learned,  individuals.  Primary  instruction  is  within  the 
reach  of  everybody  ;  superior  instruction  is  scarcely  to  be 
obtained  by  any.*  This  is  not  surprising  ;  it  is,  in  fact,  the 
necessary  consequence  of  what  we  have  advanced  above. 
Almost  all  the  Americans  are  in  easy  circumstances,  and 
can,  therefore,  obtain  the  first  elements  of  human  knowlr 
edge. 

In  America,  there  are  but  few  wealthy  persons  ;  nearly 
all  Americans  have  to  take  a  profession.  Now,  every  pro- 
fession requires  an  apprenticeship.  The  Americans  can 
devote  to  general  education  only  the  early  years  of  life. 
At  fifteen,  they  enter  upon  their  calling,  and  thus  their 
education  generally  ends  at  the  age  when  ours  begins.f 

*  This  was  an  exaggerated  statement  even  when  De  Tocqaeville  wrote, 
thirty  years  ago.  Bat  now,  in  the  Atlantic  States,  through  the  influence  of 
the  Uniyeraities  and  of  scientific  and  literary  associations,  there  are  probably, 
in  proportion  to  the  population,  as  many  scholars,  men  of  science,  and  high- 
ly educated  men,  as  in  any  country  of  Europe.  — Am.  Ed. 

t  Members  of  what  are  called  the  learned  professions  —  law,  physic,  and 
divinity  —  do  not  usually  begin  practice  in  America  before  they  are  twenty- 
two  or  twenty-three  years  old.  The  average  age  of  the  graduates  of  Ameri- 
can Colleges  is  over  twenty  years,  and  two  or  three  years  aAer  graduation 
most  be  devoted  to  professional  studies.  Boys  become  apprentices  to  the 
mechanic  trades,  it  is  true,  at  fourteen  years  ;  but  this  is  the  usual  age  for  the 
beginning  of  apprenticeship  in  England  and  on  the  continent  of  £uxo^    IkA 


DEMOCRACY   IN   AMERICA. 


Whatever  is  done  afterwards  is  with  a  vievf  to  some  special 
and  lucrative  object  ;  a  sdence  is  taken  up  as  a  matter  of 
business,  and  tlie  only  branch  of  it  which  is  attended  to  a 
such  as  admits  of  an  immediate  practical  application. 

In  America,  most  of  the  rich  men  were  formerly  poor  ; 
most  of  those  who  now  enjoy  leisure  were  absorbed  in 
busmess  during  their  youth  ;  tlie  consequence  of  which  ia, 
that,  when  they  might  have  had  a  taste  for  study,  they  had 
no  time  for  it,  and  when  the  time  is  at  their  disposal,  they 
have  no  longer  the  inclination. 

There  ia  no  class,  then,  in  America,  in  wliich  the  taste 
for  intellectual  pleasures  b  transmitted  with  hereditary  for^ 
tune  and  leisure,  and  by  which  the  labors  of  the  intellect 
are  held  in  honor.  Accordingly,  there  is  an  equal  want  of 
the  desire  and  the  power  of  apphcation  to  these  objects. 

A  midtUing  standard  is  fixed  in  America  for  human 
knowledge.  All  approach  as  near  to  it  as  they  can  ;  some 
as  they  rise,  others  as  they  descend.  Of  course,  a  mnlt> 
tude  of  persons  are  to  be  found  who  enterttun  the  same 
number  of  ideas  on  reli^on,  history,  science,  political  econ^ 
omy,  legislation,  and  government.  The  gifts  of  intellect . 
proceed  directly  from  God,  and  man  cannot  prevent  their 
unequal  distribution.  But  it  is  at  least  a  consequence  of 
what  we  have  just  said,  that  although  the  capacities  (rf 
men  are  differei^  as  the  Creator  intended  they  should  be, 
Americans  find'Oie  means  of  putting  them  to  use  are  equal. 

In  America,  the  aristocratic  element  has  always  been 
feeble  from  its  birth  j  and  if  at  the  present  day  it  is  not 
actually  destroyed,  it  is  at  any  rate  so  completely  disabled^ 
that  we  can  scarcely  assign  to  it  any  degree  of  infioence 
on  the  course  of  affîûrs. 

>  geoenl  m!c,  childno  of  the  poorest  puent*  are  not  compolted  to  Im^ 
hari  Ubor  at  >o  carlr  on  age  in  the  United  States  ai  in  Great  Britain.  Da 
Tocqncvillo'i  statomcnt  ia  coofiued,  becaow  be  dae«  not  Bufflcientljr  iadiiailt 
wlifeli'<ptofcMioni"  or  "caUingi"  he  ia  ipeaJdiig  of.  — An.  Es. 


SOCIAL  CONDITION  OF  THE  ANGLO-AMERICANS.         '67 

The  democratic  principle,  on  the  contrary,  has  gained  so 
much  strength  by  time,  by  events,  and  by  legislation,  as 
to  have  become  not  only  predominant,  but  all-powerful. 
There  is  no  family  or  corporate  authority,  and  it  is  rare  to 
find  even  the  influence  of  individual  character  enjoy  any 
durability. 

America,  then,  exhibits  in  her  social  state  an  extraor- 
dinary phenomenon.  Men  are  there  seen  on  a  greater 
equality  in  point  of  fortune  and  intellect,  or,  in  other 
words,  more  equal  in  their  strength,  than  in  any  other 
country  of  the  world,  or  in  any  age  of  which  history  has 
preserved  the  remembrance. 


POUnCAL     CONSEQUENCES     OF    THE     SOCIAL    CONDITION     OF 

THE    ANGLO-AMERICANS. 

The  political  consequences  of  such  a  social  condition  as 
this  are  easily  deducible. 

It  is  impossible  to  believe  that  equality  will  not  eventu- 
ally find  its  way  into  the  political  world,  as  it  does  every- 
where else.  To  conceive  of  men  remaining  forever  unequal 
upon  a  single  point,  yet  equal  on  all  others,  is  impossible  ; 
they  must  come  in  the  end  to  be  equal  upon  all. 

Now  I  know  of  only  two  methods  of  establishing  equality 
in  the  political  world  ;  every  citizen  must  be  put  in  posses- 
sion of  his  rights,  or  rights  must  be  granted  to  no  one. 
For  nations  which  are  arrived  at  the  same  stage  of  social 
existence  as  the  Anglo-Americans,  it  is,  therefore,  very 
difficult  to  discover  a  medium  between  the  sovereignty  of 
all  and  the  absolute  power  of  one  man  :  and  it  would  be 
vain  to  deny  that  the  social  condition  which  I  have  been 
describing  is  just  as  Uable  to  one  of  these  consequences  as 
to  the  other. 

There  is,  in  fact,  a  manly  and  lawful  passion  fot  eG^i!î\t^ 


08  DEMOCRACY   IN   AMERICA. 

which  incites  men  to  wish  all  to  be  powerful  and  honored*! 
This  passion  tends  to  devat©  the  humble  to  the  rank  of  ti 
great  ;  but  there  exists  also  iii  the  human  heart  a  dejiraVfldfl 
taste  for  equality,  which  impels  the  weak  to  attempt  1 
lower  the  powerful  to  their  own  level,  and  reduces  i 
prefer  equality  in  slavery  to  mequality  with  freedom.     No( 
that   tliose  iiatioiLs  whose  social   condition   is   dcmocratiaj 
naturally  despise  liberty;  on  tlie  contrary,  they  liave  f 
instinctive  love  of  it.     But  hberty  is  not  the  chief  i 
constant  object  of  their  desires  ;  equality  is  their  idol  :  th^ 
make  rapid  and  sudden  eiforts  to  obtain  libert}',  and,  if  tbej^'l 
miss  their  aim,  resign  themselves  to  their  disappointment  ]J 
but  nothing  can  satisfy  them  without  equality,  and  tlie] 
would  rather  perish  than  lose  it. 

On  the  other  hand,  in  a  state  where  the  citizens  are  all 
nearly  on  an  equahty,  it  becomes  difficult  for  them  to  pr&- 
aerve  their  independence  against  the  aggressions  of  power. 
No  one  among  them  being  strong  enough  to  engage  in  the  , 
struggle  alone  with  advantage,  nothing  but  a  general  conn 
tùnatjon  can  protect  their  liberty.  Now,  such  a  anioa  ia 
not  always  possible. 

From  the  same  social  position,  then,  nations  may  derive 
one  or  the  other  of  two  great  political  résulta  ;  these  r^ 
suits  are  extremely  different  from  each  other,  but  they  both 
proceed  from  the  same  cause. 

The  Anglo-Americans  are  the  first  nation  who,  having 
been'  exposed  to  this  formidable  alternative,  have  been 
happy  enough  to  escape  the  dominion  of  absolute  power. 
They  have  been  allowed  by  their  circumstances,  tb^  ori- 
gin, their  intelligence,  and  especially  by  their  moniUt  to 
establish  and  miaintain  the  sovereignty  of  the  people. 


SOVEBEiaNTr  OF  THE  PEOPLE.  W 


CHAPTER    IV. 

THE  PBINCIFLE  OP  THE  SOVEREIGNTY  OF  THE  PEOPLE  IN 

AMERICA. 

It  prédominâtes  orer  the  whole  of  Society  in  America.  —  Application  made 
of  this  Principle  by  the  Americans  even  before  their  Revolution.  —  De- 
Telopment  given  to  it  by  that  Revolution.  —  Gradual  and  irresigtible 
Extension  of  the  Elective  Qualification. 

WHENEVER  the  political  laws  of  the  United  States 
are  to  be  discussed,  it  is  with  the  doctrine  of  the 
sovereignty  of  the  people  that  we  must  begin. 

The  principle  of  the  sovereignty  of  the  people,  which  is 
always  to  be  found,  more  or  less,  at  the  bottom  of  almost 
all  human  institutions,  generally  remains  tliere  concealed 
fi-om  view.  It  is  obeyed  without  being  recognized,  or  if 
for  a  moment  it  be  brought  to  light,  it  is  hastily  cast  back 
into  the  gloom  of  the  sanctuary. 

"  The  wiU  of  the  nation  "  is  one  of  those  phrases  which 
have  been  most  largely  abused  by  the  wily  and  the  despotic 
of  every  age.  Some  have  seen  the  expression  of  it  in  the 
purchased  suffrages  of  a  few  of  the  satellites  of  power  ; 
others,  in  the  votes  of  a  timid  or  an  interested  minority  ; 
and  some  have  even  discovered  it  in  the  silence  of  a  people, 
on  the  supposition  that  the  Êict  of  submission  established 
the  right  to  command. 

In  America,  the  principle  of  the  sovereignty  of  the  peo- 
jJe  is  not  either  barren  or  concealed,  as  it  is  with  some 
other  nations;  it  is  recognized  by  the  customs  and  pro- 
claimed by  the  laws  ;  it  spreads  freely,  and  arrives  Yf\t\\.Qi\vl 


70  DXMOCSACT  IN  AXEBIGA. 

impediment  at  its  most  remote  consecjaenoeB.  If  dm»  lie 
a  coimtry  in  the  woild  where  the  doctrine  of  the  wofWr 
ereignty  of  the  people  can  be  fiddly  appiedatod^  where  it 
can  be  studied  in  its  application  to  the  affiura  of  sodeCjv 
and  where  its  dangers  and  its  advantages  may  be  jndgedi 
that  country  is  assuredly  America. 

I  have  already  observed  that,  from  thdr  origjin,  the  aov^ 
ereignty  of  the  people  was  the  fundamental  princ^Ie  of 
most  of  the  British  colonies  in  America.  It  was  fiur,  how^ 
ever,  from  then  exercising  as  much  influence  on  the  goi^ 
emment  of  society  as  it  now  does.  Two  obstades  —  the 
one  external,  the  other  internal  —  checked  its  invasivie 
progress. 

It  could  not  ostensibly  disclose  itself  in  the  laws  of  col" 
onies  which  were  still  constrained  to  obey  the  mother 
country  ;  it  was  therefore  obliged  to  rule  secretly  in  the 
provincial  assemblies,  and  especially  in  the  townships. 

American  society  at  that  time  was  not  yet  prepared  to 
adopt  it  with  all  its  consequences.  InteUigence  in  New 
England,  and  wealth  in  the  country  to  the  south  of  the 
Hudson,  (as  I  have  shown  in  the  preceding  chapter,)  long 
exercised  a  sort  of  aristocratic  influence,  which  tended  to 
keep  the  exercise  of  social  power  in  the  hands  of  a  few. 
Not  all  the  public  functionaries  were  chosen  by  popular 
vote,  nor  were  all  the  citizens  voters.  The  electoral  fran- 
chise was  everywhere  somewhat  restricted,  and  made  de- 
pendent on  a  certain  qualiflcation,  which  was  very  low  in 
the  North,  and  more  considerable  in  the  South. 

The  American  Revolution  broke  out,  and  the  doctrine 
of  the  sovereignty  of  the  people  came  out  of  the  townships, 
and  took  possession  of  the  State.  Every  class  was  enlisted 
in  its  cause  ;  battles  were  fought  and  victories  obtained  for 
it  ;  it  became  the  law  of  laws. 

A  change  almost  as  rapid  was  effected  in  the  interior  of 
society,  where  the  law  of  inheritance  completed  the  abo- 
L'tion  of  local  înâuences. 


il-    T    I 


SOVEREIGNTY  OF  THE  PEOPLE.  71 

As  soon  as  this  effect  of  the  laws  and  of  the  Revolution 
became  apparent  to  every  eye,  victory  was  irrevocably  pro- 
nounced in  favor  of  the  democratic  cause.  All  power  was, 
in  &ct,  in  its  hands,  and  resistance  was  no  longer  possible. 
The  higher  orders  submitted  without  a  murmur  and  with- 
ont  a  stra^le  to  an  evU  which  was  thenceforth  inevitable. 
The  ordinary  fiite  of  âdling  powers  awaited  them  :  each  of 
their  members  foUowed  his  own  interest;  and  as  it  was 
impossible  to  wring  the  power  from  the  hands  of  a  people 
whom  they  did  not  detest  sufficiently  to  brave,  their  only 
aim  was  to  secure  its  good-will  at  any  price.  The  most 
democratic  laws  were  consequently  voted  by  the  very  men 
whose  interests  they  impaired  :  and  thus,  although  the 
higher  classes  did  not  excite  the  passions  of  the  people 
against  their  order,  they  themselves  accelerated  the  tri- 
umph of  the  new  state  of  things  ;  so  that,  by  a  singular 
change,  the  democratic  impulse  was  found  to  be  most  irre- 
sistible in  the  very  States  where  the  aristocracy  had  the 
firmest  hold.  The  State  of  Maryland,  which  had  been 
founded  by  men  of  rank,  was  the  first  to  proclaim  univei> 
sal  sufirage,  and  to  introduce  the  most  democratic  forms 
into  the  whole  of  its  government. 

When  a  nation  begins  to  modify  the  elective  qualifica- 
tion, it  may  easily  be  foreseen  that,  sooner  or  later,  that 
qualification  will  be  entirely  abolished.  There  is  no  more 
invariable  rule  in  the  history  of  society  :  the  further  elec- 
toral rights  are  extended,  the  greater  is  the  need  of  extend- 
ing them  ;  for  after  each  concession  the  strength  of  th^ 
democracy  increases,  and  its  demands  increase  with  its. 
strength.  The  ambition  of  those  who  are  below  the  ap- 
pointed rate  is  irritated  in  exact  proportion  to  the  great 
number  of  those  who  are  above  it.  The  exception  at  last 
becomes  the  rule,  concession  follows  concession,  and  no 
stop  can  be  made  short  of  universal  suffrage.* 

•  See  Appendix  H. 


TS  DEMOCRACY   IN   AMERICA. 

At  Ûie  present  day  the  principle  of  the  sovereignty  a 
the  people  has  acquired,  in  the  United  States,  all  the  | 
tical   development  which   the   imagination   can   conceîvl 
It  ia  unencumbered  by  those  fictions  wliich  are  ttirow 
over  it  in  otlier  countries,  and  it  appears  in  every  p 
form,  according  lo  the  exigency  of  the  occasion.     Soni 
tiinea  tlie  laws  are  made  by  the  people  In  a  boiiy,  us  i 
Atliens  ;  and  sometimes  its  representatives,  chosen  by  UBJ 
versai  sui&age,  transact  business  in  its  name,  and'  under  til 
immediate  su)>er vision. 

In  some  coimtries,  a  power  exists  wliich,  though  it  ia  ja 
a  degree  foreign  to  the  social  body,  directs  it,  and  forces  ifl 
to  pursue  a  certain  track.  In  others,  the  ruling  force  t 
divided,  being  partly  within  and  partlv  without  the  ranksfl 
of  the  pcoj,Io.  But  iiuibi.i^.  uftliL.  !,;".].!  i^  I 
the  United  States;  thçre^society  governs  itself  for  itaelfl  ' 
All  power  centres  in  its  bosom  ;  and  scarcely  an  individiuU 
is  to  be  met  with  who  would  venture  to  conceive,  or,  stilï 
less,  to  express,  the  idea  of  seeking  it  elsewhere.  Ilie 
nation  participates  in  the  making  of  its  laws  by  the  choice 
of  its  legislators,  and  in  the  execution  of  them  by  the 
choice  of  the  agents  of  the  executive  government  ;  it  may 
almost  be  said  to  govern  itself,  so  feeble  and  so  restricted 
is  the  share  left  to  the  administration,  so  little  do  the  att- 
thoritjes  forget  their  popular  ori^n  and  the  power  from 
which  they  emanate.  The  people  reign  in  the  Ajnerican 
political  world  as  the  Deity  does  in  the  universe.  Tfafiy 
are  the  cause  and  the  aim  of  all  things  ;  everything  comei 
frorii  them,  and  everything  is  absorbed  in  them. 


EXAMINATION  OF  THE  CONDITION  OF  THE  STATES.       73 


CHAPTER   V. 


NECESSFTY  OF  EXAMINING  THE  CONDITION  OF  THE  STATES 
BEFORE  THAT   OF  THE  UNION  AT  LARGE. 

IT  is  proposed  to  examine,  in  the  following  chapter,  what 
is  the  form  of  government  established  in  America  on 
the  principle  of  the  sovereignty  of  the  people  ;  what  are 
its  means  of  action,  its  hindrances,  its  advantages,  and  its 
dangers.  The  first  diflSculty  which  presents  itself  arises 
firom  the  complex  nature  of  the  Constitution  of  the  United 
States,  which  consists  of  two  distinct  social  structures,  con- 
nected, and,  as  it  were,  encased  one  within  the  other  ;  two 
governments,  completely  separate  and  almost  independent, 
the  one  fulfilling  the  ordinary  duties,  and  responding  to  the 
daily  and  indefinite  calls,  of  a  community,  the  other  cir- 
cumscribed within  certain  limits,  and  only  exercising  an 
exceptional  authority  over  the  general  interests  of  the 
country.  In  short,  there  are  twenty-four  small  sovereign 
nations,  whose  agglomeration  constitutes  the  body  of  the 
Union.  To  examine  the  Union  before  we  have  studied 
the  States,  would  be  to  adopt  a  method  filled  with  ob- 
stacles. The  form  of  the  Federal  Government  of  the. 
United  States  was  the  last  to  be  adopted  ;  and  it  is  in  fact) 
nothing  more  than  a  summary  of  those  republican  prin-î 
ciples  which  were  current  in  the  whole  community  beforej 
it  existed,  and  independently  of  its  existence.  Moreover, 
the  Federal  Government  is,  as  I  have  just  observ^ed,  the 
exception  ;  the  government  of  the  States  is  the  rule.  The 
author  who  should  attempt  to  exhibit  the  pictuie  ^  ^ 


74  DICMOCKACT   IN  AMEBICli. 

whole,  beiore  lie  liad  explained  its  dotails,  wutdd  net 
rily  Ml  into  obscurity  and  repetition, 

The  great  political  principles  which  «ow  govern  Amet 
can  society  undoubtedly  took  their  ori^  and  their  grow 
in  the  State.  We  must  know  the  State,  tiien,  in  order  J 
gain  a  clew  to  the  rest.  The  States  which  now  compofl 
the  American  Union  all  present  tlie  same  features,  as  far  M 
i-Bgards  the  extemal  aspect  of  their  institutions.  TheA 
pohtical  or  administrative  life  is  centred  in  three  foe 
of  action,  which  may  he  compared  to  the  diffijifnt  ncrvoi 
centres  which  give  motion  to  the  human  hotly.  The  tow 
ship  is  the  first  in  order,  then  the  comity,  and  lastly  t 
State. 


TITE    AMERICAN 


OP    TOWNflHIPS." 


Why  the  Anthor  begin»  Ibe  Emminadon  of  the  PoUtiul  Imtitiil 
tbeTovmïhip.  —  Its  Existence  in  all  Nations.  —  Difficalt;  of  M 
and  preserving  Municipal  Independence.  —  Its  Importance.  —  Wbj  A^ 
Aatlior  htu  «clcclcd  the  TownsUp  System  of  New  EngUnd  as  tha  nwEn 
Topic  of  his  Discussion. 

It  is  not  undesignedly  that  I  be^n  this  subject  with  iba 
Township.  The  village  or  township  is  the  only  associatioo: 
which  is  so  perfectly  natural,  that,  wherever  a  number  cf' 
men  are  collected,  it  seems  to  constitute  itself.  ' 

The  town  or  tithing,  then,  exists  in  all  nations,  whaterer 
their  laws  and  customs  may  be:  it  is  man  who  makes  m(ni> 
archies  and  establishes  repubhcs,  but  the  township  seems  to 

•  It  U  by  tliis  periplirsaÏB  that  I  attempt  to  render  the  French  expreMioM 
Commune  and  SyiUmt  Ccmmimal.  I  am  not  aware  that  anj  English  word 
precisely  coiresponds  to  the  general  term  of  the  original.  In  France,  erarf 
awodation  of  homaii  dwellings  forms  »  commime,  and  every  amraune  is  gOT* 
emed  by  a  Main  and  a  Cmudl  miaUdpal.  In  other  words,  the  nanàpiim, 
or  mnoidpal  privilege,  which  belong),  in  England,  to  chartered  coiporMions 
alone,'  if  alike  extended  to  every  cuminiDw  into  nbich  tbe  caniom  and  depofr 
ment)  were  divided  at  the  Berolniioii.    Thence  the  diâêrent  application  «T 


"ite- 


TOWNSHIPS  Am>  MUNICIPAL  BODIES.  75 

come  directly  from  the  band  of  God.  But  although  the 
existence  of  the  township  is  coeval  with  that  of  man,  its 
freedom  is  an  infrequent  and  fragile  thing.  A  nation  can 
always  establish  great  political  assemblies,  because  it  habit 
ually  contains  a  certain  number  of  individuals  fitted  by 
their  talents,  if  not  by  their  habits,  for  the  direction  of 
affidrs.  The  township,  on  the  contrary,  is  composed  of 
coarser  materials,  which  are  less  easily  fashioned  by  the 
legislator.  The  difficulty  of  establishing  its  independence 
rather  augments  than  diminishes  with  the  increasing  intelli- 
gence of  the  people.  A  highly  civilized  community  can 
hardly  tolerate  a  local  independence,  is  disgusted  at  its 
numerous  blunders,  and  is  apt  to  despair  of  success  befiMre 
the  experiment  is  completed.  Again,  the  immunities  of 
townships,  which  have  been  obtained  with  so  much  diffi- 
culty, are  least  of  all  protected  against  the  encroachments 
of  the  supreme  power.  They  are  unable  to  struggle,  \ 
single-handed,  against  a  strong  and  enterprising  govern- 
ment, and  they  cannot  defend  themselves  with  success 
unless  they  are  identified  with  the  customs  of  the  nation 
and  supported  by  public  opinion.  Thus,  until  the  inde- 
pendence of  townships  is  amalgamated  with  the  manners  J 
of  a  people,  it  is  easily  destroyed  ;  and  it  is  only  after  a 
long  existence  in  the  laws  that  it  can  be  thus  amalgamated. 
Municipal  freedom  is  not  the  fruit  of  human  efibrts  ;  it  is 
rarely  created  by  others  ;  but  is,  as  it  were,  secretly  self- 
produced  in  the  midst  of  a  semi-barbarous  state  of  society. 
The  constant  action  of  the  laws  and  the  national  habits, 

the  expresfflon,  which  is  general  in  one  coantry  and  restricted  in  the  other. 
In  America,  the  counties  of  the  Northern  States  are  divided  into  townships, 
those  of  the  Southern  into  parishes  ;  besides  which,  municipal  bodies,  bear- 
ing the  name  of  corporations,  exist  as  cities.  I  shall  apply  these  several 
expressions  to  render  the  term  commune.  The  word  «parish,"  now  com- 
monlj  used  in  England,  belongs  exclusivelj  to  the  ecclesiastical  division  ; 
it  denotes  the  limits  over  which  a  paraon*s  {penona  ecclesiœ,  or  perhaps  parom 
Mouu)  rights  extend.  —  Trandator^s  Note. 


76  DEMOCBAOT  IN  AHERiai. 

peculiar  circumstances,  and,  above  all,  time,  maj  oonaoB- 
date  it  ;  but  there  is  certainly  no  nation  on  the  oontinenl 
of  Europe  which  has  experienced  its  advantages.  Tet  HUH 
nicipal  institutions  constitate  the  strength  of  free  naliona.' 
Town-meetings  are  to  liberty  what  primary  schools  are  t» 
science  ;  they  bring  it  within  the  people's  reach,  they  teadr 
men  how  to  use  and  how  to  enjoy  it.  A  nation  may  eatab- 
lish  a  free  government,  but  without  municipal  institutional 
it  cannot  have  the  spirit  of  liberty.  Transient  pasuooii 
the  interests  of  an  hour,  or  the  chance  of  drcumstanoea, 
may  create  the  external  forms  of  independence  ;  bat  the 
despotic  tendency  which  has  been  driven  into  the  interior 
of  the  social  system,  will,  sooner  or  later,  reappear  on  the 
surface. 

To  make  the  reader  understand  the  general  principles 
on  wliicli  the  political  organization  of  the  counties  and 
townships  in  the  United  States  rests,  I  have  thought  it 
expedient  to  choose  one  of  the  States  of  New  England  as 
an  exam])lc,  to  examine  in  detail  the  mechanism  of  its 
constitution,  and  then  to  cast  a  general  glance  over  the 
rest  of  the  coimtry. 

The  township  and  the  county  are  not  organized  in  the 
same  manner  in  every  part  of  the  Union  ;  it  is  easy  to 
perceive,  however,  that  nearly  the  same  principles  have 
guided  the  formation  of  both  of  them  throughout  the 
Union.  I  am  inclined  to  believe  that  these  principles 
have  been  carried  further,  and  have  produced  greater 
results,  in  New  England  than  elsewhere.  Consequently, 
they  stand  out  there  in  higher  relief,  and  offer  greater 
fecilities  to  the  observations  of  a  stranger. 

The  townsliip  institutions  of  New  England  form  a  com- 
plete and  regular  whole  ;  they  are  old  ;  they  have  the 
support  of  the  laws,  and  the  stiU  stronger  support  of  the 
manners  of  the  community,  over  which  tliey  exercise  a 
prodigious  influence.  For  all  these  reasons,  they  deserve 
imr  anecJal  attention. 


Ljficnï 


lOWNSHIPS  AND  MUNICIPAL  BODIES.  71 


LIMITS   OF  THE  TOWNSHIP. 

The  township  of  New  England  holds  a  middle  place  be- 
tween the  commune  and  the  canton  of  France.  Its  average 
population  is  firom  two  to  three  thousand  ;  *  so  that  it  is 
not  so  large,  on  the  one  hand,  that  the  interests  of  its  in- 
habitants would  be  likely  to  conflict,  and  not  so  small,  on 
the  other,  but  that  men  capable  of  conducting  its  afiairs 
may  always  be  found  among  its  citizens. 


POWERS   OP  THE  TOWNSHIP   IN  NEW  ENGLAND. 

The  Ftople  the  Source  of  aU  Power  in  the  Township  as  elsewhere.  —  Man- 
ages its  own  Afi^rs.  —  No  Municipal  Conncil.  —  The  greater  Part  of  the 
Authoritj  vested  in  the  Selectmen.  —  How  the  Selectmen  act.  —  Town- 
Meeting.  —  Enumeration  of  the  OflBcers  of  the  Township.  —  Obligatory 
and  remunerated  Functions. 

In  the  township,  as  well  as  everywhere  else,  the  people 
are  the  source  of  power  ;  but  nowhere  do  they  exercise  their 
power  more  immediately.  In  America,  the  people  form  a 
master  who  must  be  obeyed  to  the  utmost  limits  of  possibility. 

In  New  England,  the  majority  act  by  representatives  in 
conducting  the  general  business  of  the  State.  It  is  neces- 
sary that  it  should  be  so.  But  in  the  townships,  where  the 
legislative  and  administrative  action  of  the  government  is 
nearer  to  the  governed,  the  system  of  representation  is  not 
adopted.  There  is  no  municipal  council  ;  but  the  body  of 
voters,  after  having  chosen  its  magistrates,  directs  them  in 
everything  that  exceeds  the  simple  and  ordinary  execution 
of  the  laws  of  the  Statcf 

♦  In  1830  there  were  305  townships  in  the  State  of  Massachusetts,  and 
610,014  inhahitants  ;  which  gives  an  average  of  ahout  2,000  inhabitants  to 
each  township.  [Some  have  over  10,000  inhabitants  each,  and  some  have 
1^  than  500.  —  Am.  Ed.] 

t  The  same  roles  are  not  applicable  to  the  cities,  which  geneiiJ^y  \)K<r«  % 


78  DEMOCRAOT  IN  AMESIGA. 

This  state  of  things  is  so  contrazy  to  our  idoM/^IÉMi 
so  different  from  our  customs,  that  I  must  fbrnidi  mMd 
examples  to  make  it  intelligible. 

The  public  duties  in  the  township  aie  extremely  noBM^ 
ous,  and  minutely  divided,  as  we  shall  see  fiuiher  on  ;  btft 
most  of  the  administratâve  power  is  vested  in  a  few  p(É^' 
sons,  chosen  annually,  called  "  the  Selectmen.*'  • 

Tlie  general  laws  of  the  State  impose  certain  datiea  àk 
the  selectmen,  which  they  may  fulfil  without  the  anthoritf 
of  their  townsmen,  but  which  they  can  neglect  only  on 
their  own  responsibility.  The  State  law  requires  them,  fer 
instance,  to  draw  up  the  list  of  voters  in  their  townships; 
and  if  they  omit  this  duty,  they  are  goflty  of  a  miads^ 
meanor.  In  all  the  aflairs,  however,  which  are  voted  in 
town-meeting,  the  selectmen  carry  into  effect  the  popular 
mandate,  as  in  France  the  Maire  executes  the  decree  of 
the  municipal  council.  They  usually  act  upon  their  own 
responsibility,  and  merely  put  in  practice  principles  which 
have  been  previously  recognized  by  the  majority.  But  if 
they  wish  to  make  '  any  change  in  the  existing  state  of 
things,  or  to  undertake  any  new  enterprise,  they  must  re-- 
fer  to  the  source  of  their  power.  If,  for  instance,  a  school 
is  to  be  established,  the  selectmen  call  a  meeting  of  the 
voters  on  a  certain  day,  at  an  appointed  place.  They 
explain  the  urgency  of  the  case  ;  they  make  known  the 
means  of  satisfying  it,  the  probable  expense,  and  the  site 
which  seems  to  be  most  favorable.  The  meeting  is  con- 
mayor,  and  a  corporation  diAndcd  into  two  bodies  ;  this,  however,  is  an  ex- 
ception wliich  rc(|uircs  the  sanction  of  a  law.  —  See  the  Act  of  the  22d 
February,  1822,  rc«;iilating  the  powers  of  tlic  city  of  Boston.  It  frcqucntlj 
iiappciLS  that  small  towns,  as  well  as  cities,  arc  subject  to  a  peculiar  adminli- 
tration.  In  1832,  104  townships  in  the  State  of  New  York  were  governed 
in  this  manner.  —  Williams*»  Register. 

*  Tiiree  selectmen  arc  appointed  in  the  small  townships,  and  nine  in  the 
laiige  ones.  —  See  «  The  Town  Officer/'  p.  186.  Sec  abo  the  Kcvi«od  Sti^ 
otes  of  Maiisachu^tts. 


VîS:rrfT 


TOWNSHIPS  AND  MUNICIPAL  BODIES.  79 

salted  on  these  several  points  ;  it  adopts  the  principle, 
^marks  out  the  site,  votes  the  tax,  and  confides  the  execu- 
tion of  its  resolution  to  the  selectmen. 

The  selectmen  alone  have  the  right  of  calling  a  town- 
meeting;  but  they  may  be  required  to  do  so.  If  ten 
citizens  wish  to  submit  a  new  project  to  the  assent  of  the 
town,  they  may  demand  a  town-meeting;  the  selectmen 
are  obliged  to  comply,  and  have  only  the  right  of  presiding 
at  the  meeting.  These  political  forms,  these  social  cui^ 
toms,  doubtless  seem  strange  to  us  in  France.  I  do  not 
here  undertake  to  judge  them,  or  to  make  known  the  secret 
causes  by  which  they  are  produced  and  maintained.  I 
only  describe  them. 

The  selectmen  are  elected  every  year,  in  the  month 
of  March  or  April.  The  town-meeting  chooses  at  the 
same  time  a  multitude  of  other  town  officers,  who  are 
intrusted  with  important  administrative  functions.  The 
assessors  rate  the  township  ;  the  collectors  receive  the  tax. 
A  constable  is  appointed  to  Jceep  the  peace,  to  watch  the 
streets,  and  to  execute  the  laws  ;  the  town  clerk  records 
the  town  votes,  orders,  and  grants.  The  treasurer  keeps 
the  funds.  The  overseers  of  the  poor  perform  the  difficult 
task  of  carrying  out  the  poor-laws.  Committee-men  aio 
appointed  to  attend  to  the  schools  and  public  instruction  ; 
and  the  surveyors  of  highways,  who  take  care  of  the 
greater  and  lesser  roads  of  the  township,  complete  the  list 
of  the  principal  fimctionaries.  But  there  are  other  petty 
officers  still  ;  such  as  the  parish-committee,  who  audit  the 
expenses  of  public  worship;  fire-wards,  who  direct  the 
efforts  of  the  citizens  in  case  of  fire  ;  titliing-men,  hog- 
reeves,  fence-viewers,  timber-measurers,  and  sealers  of 
weights  and  measures.* 

*  All  these  magistrates  actnallj  exist;  their  different  functions  ore  all 
detailed  in  a  Book  called  "  The  Town  Officer,"  by  Isaac  Goodwin,  (VTop- 
oeiter,  1827,)  and  in  the  Revised  Statutes. 


80  BEMOCKACY   IN  AMERICA. 

There  are,  in  all,  nineteen  principal  offices  in  a  tOTmalu{k^ 
Every  inbabitant  is  constrained,  on  the  pain  of  bciiig  Bi 
to  undertake  tlieso  different  fimctions  ;  which,  however, 
almost  all  paid,  in  order  that  the  poorer  citizens  nuiy  giv« 
time  to  them  wirhout  loss.*     In  general,  each  officiai  uf 
has  its  price,  and  the  officers  are  remunerated  in  proportii 
to  what  they  have  done. 


LIFB    in    THE   TOWNSHIP. 


Every  ona  tlio  bcsl  Jndge  or  hii  own  Inleraat.  —  Corollnry  of  tbs  Prind- 
ple  of  [he  Sovemgntj  of  tho  Feoplo.  —  AppQcution  of  tliiao  Docttfae* 
in  the  TownahipB  of  Ainvrica.  —  The  ToTnuhip  of  Nev  ICngland  û  Sot- 
crcign  in  all  that  concerna  iuolf  alone,  and  Subject  lo  dut  Stale 
other  Mattun.  —  Duties  of  the  Toimahip  to  the  State.  —  In  FnacB, 
I  ita  Agents  to  tho  Commune.  —  In  Ametica,  it  ii 


M 


I  HAVE  already  obaerred,  that  the  prindple  of  die  Bor< 
ereigntf  of  the  people  governs  the  whole  political  system 
of  tlie  Anglo-Americans.  Every  page  of  this  book  wîB- 
afford  new  applications  of  the  same  doctrine.  In  the  n»t  ' 
tions  by  which  the  sovereignty  of  the  people  is  recognized, 
every  individual  has  an  equal  share  of  power,  and  parties- 
pates  equally  in  the  government  of  the  state.  .Why,  tl>m, 
does  he  obey  the  government,  and  what  are  the  natnoA 
limits  of  this  obedience?  Every  individual  is  always  be^ / 
posed  to  be  as  well  informed,  as  virtuous,  and  as  strong  oa 
any  of  his  fellow-citizem.  He  obeys  the  government,  not 
because  he  is  inferior  to  those  who  conduct  it,  or  becrasa 
he  is  less  capable  than  any  other  of  governing  bime^j 
but  because  he  acknowledges  the  utility  of  an  associatâoK 
with  his  fellow-men,  and  he  knows  that  no  such  associataoïv 
can  exist  without  a  regulating  force.     He  is  a  Bubject  in  aH 

*  This  ii  an  error  :  mo«t  of  them  iie  perfbnned  grataitooêly  ;  mod  wtM 
f»y  if  given,  it  ii  lO  imall  ai  to  be  alinon  nominal.  — Am.  Ek. 


rJi-"i^£c«f-T 


TOWNSHIPS  AND  HTTNICIPAL  BODIES.  81 

tiwt  conoems  the  duties  of  citizens  to  each  other  ;  he  is  free, 
and  responsible  to  God  alone,  for  all  that  concerns  himself. 
Hence  arises  the  maxim,  that  every  one  is  the  best  and  sole 
judge  of  his  own  private  interest,  and  that  society  has  no 
right  to  control  a  man's  actions,  unless  they  are  prejudicial 
to  the  common  weal,  or  unless  the  common  weal  demands 
his  help.  This  doctrine  is  universally  admitted  in  the 
United  States.  I  shall  hereafter  examine  the  general  in- 
fluence which  it  exercises  on  the  ordinary  actions  of  life  : 
I  am  now  speaking  of  the  municipal  bodies. 

The  township,  taken  as  a  whole,  and  in  relation  to  the 
central  government,  is  only  an  individual,  hke  any  other 
to  whom  the  theory  I  have  just  described  is  appUcable. 
Municipal  independence  in  the  United  States  is,  therefore, 
a  natural  consequence  of  this  very  principle  of  the  sov- 
ereignty of  the  people.  All  the  American  repubUcs  rec- 
ognize it  more  or  less;  but  circumstances  have  peculiarly 
fevored  its  growth  in  New  England. 

In  this  part  of  the  Union,  political  life  had  its  origin  in 
the  townships;  and  it  may  almost  be  said  that  each  of 
them  originally  formed  an  independent  nation.  When  the 
kings  of  England  afterwards  asserted  their  supremacy,  they 
were  content  to  assume  the  central  power  of  the  state. 
They  left  the  townships  where  they  were  before  ;  and 
although  they  are  now  subject  to  the  state,  they  were 
not  at  first,  or  were  hardly  so.  They  did  not  receive 
their  powers  from  the  central  authority,  but,  on  the  con- 
trary, they  gave  up  a  portion  of  their  independence  to  the 
state.  This  is  an  important  distinction,  and  one  which 
the  reader  must  constantly  recollect.  The  townships  are 
generally  subordinate  to  the  state  only  in  those  interests 
which  I  shall  term  social^  as  they  are  common  to  all  the 
others.  They  are  independent  in  all  that  concerns  them- 
selves alone  ;  and  amongst  the  inhabitants  of  New  England, 
I  believe  that  not  a  man  is  to  be  found  who  would  ackxvo>N\- 

4*  Ï 


8fl  DEMOCBACr  tS   AMERICA. 

edge  tbat  the  state  has  any  right  to  interfere  in  llieir  toi 
ftfiairs.     The  towns  of  New  England  buy  and  spU,  pro 
cute  or  are  indicted,  augment  or  diminish  their  rates,  i 
oo  administrative  authority  ever  thinks  of  offering  UDjJ 
opposition. 

There  are  certain  social  duties,  however,  which  they  a 
boimd  to  fulfi!.  If  the  State  ia  in  need  of  money,  a  tow 
cannot  witlihold  the  supplies  ;  if  the  Slate  projects  a  r 
the  township  cannot  refuse  to  let  it  cross  !ta  teiTÎtory  ;  if  ^ 
police  regulation  is  made  by  the  State,  it  must  be  enfurc 
by  the  town  ;  if  a  uniform  system  of  public  instruction  îlu 
enacted,  every  town  is  bound  to  estabhsh  tlie  schooU  v  '  '  ' 
die  law  ordains.  When  I  come  to  speak  of  the  administzi 
tion  of  tlie  laws  in  the  United  States,  I  shall  point  out  boir*^ 
and  by  what  means,  the  townships  are  compelled  to  obey  in 
these  different  cases  :  I  here  merely  show  the  existence  of 
the  obli^^ation.  Strict  as  this  obligation  is,  the  government 
of  the  State  imposes  it  in  principle  only,  and  in  its  pep- 
tbrmaiico  the  township  resumes  all  its  independent  rights. 
Thus,  taxes  are  voted  by  the  State,  but  they  are  levied  and 
collected  by  the  townsliip  ;  the  eslabhslunent  of  a  school  is 
obligatory,  but  the  township  builds,  pays,  and  superintends 
it.  In  France,  the  state  collector  receives  the  local  im- 
posts ;  in  America,  tiie  town  collector  receives  the  taxes  of 
the  State.  Thus  the  French  government  lends  its  agents 
to  the  commvne;  in  America,  the  township  lends  its  agents 
to  the  government.  This  &ct  alone  shows  how  widely  the 
two  nations  differ. 


TOWKSHIPS  AND  MUNICIPAL  BODIES.  88 


SPIRIT   OF  THE  TOWNSHIPS   OF  NEW  ENGLAND. 

fiow  the  Township  of  New  England  wins  the  Affections  of  its  Inhabitants. 
—  Difficoltj  of  creating  local  Public  Spirit  in  Europe.  —  The  Rights 
and  Duties  of  the  American  Township  favorable  to  it.  —  Sources  of  local 
Attachment  in  the  United  States.  —  How  Town  Spirit  shows  itself  in 
New  England.  —  Its  happy  Effects. 

In  America,  not  only  do  municipal  bodies  exist,  but  they 
are  kept  alive  and  supported,  by  town  spirit.  The  town- 
ship of  New  England  possesses  two  advantages,  which 
Strongly  excite  the  interest  of  mankind,  —  namely,  inde- 
pendence and  authority.  Its  sphere  is  limited,  indeed  ;  but 
within  that  sphere,  its  action  is  unrestrained.  This  inde- 
pendence alone  gives  it  a  re^  importance,  which  its  extent 
and  population  would  not  insure. 

It  is  to  be  remembered,  too,  that  the  aflPections  of  men 
generally  turn  towards  power.  Patriotism  is  not  durable 
in  a  conquered  nation.  The  New-Englander  is  attached 
to  his  township,  not  so  much  because  he  was  bom  in  it, 
but  because  it  is  a  free  and  strong  community,  of  which  he 
is  a  member,  and  which  deserves  the  care  spent  in  man- 
aging it.  In  Europe,  the  absence  of  local  public  spirit  is 
a  frequent  subject  of  regret  to  those  who  are  in  power  ; 
every  one  agrees  that  there  is  no  surer  guaranty  of  order 
and  tranquillity,  and  yet  nothing  is  more  difficult  to  create. 
If  the  mmiicipal  bodies  were  made  powerful  and  indepen- 
dent, it  is  feared  that  they  would  become  too  strong,  and 
expose  the  state  to  anarchy.  Yet,  without  power  and  in- 
dependence, a  town  may  contain  good  subjects,  but  it  can 
have  no  active  citizens.  Another  important  fact  is,  that 
the  township  of  New  England  is  so  constituted  as  to  excite 
the  warmest  of  human  affections,  without  arousing  the 
ambitious  passions  of  the  heart  of  man.  The  officers  of 
the  coimty  are  not  elected,*  and  their  authority  is  very 

*  This  is  a  mistake  ;  thej  are  chosen  bj  popular  vote.  —  Au.  'FaIk 


81  DE^OCRAcr  IN  AMERICA. 

liinited.  Even  the  State  is  only  a  second-rate  commtn 
whose  tranquil  and  obscure  admiiibtration  offers  no  ladnct 
ment  sufficient  to  draw  men  away  from  tlie  home  of  tlici 
tDteresta  into  tlie  turmoil  of  public  affairs.  The  Feden 
Government  confers  power  and  honor  on  the  men  who  c 
duct  it  ;  but  tliese  individuals  can  never  be  veiy  uumerooj 
The  high  station  of  the  Presidency  can  only  be  reached  4 
an  advanced  period  of  liiè  ;  and  the  other  Federal  lunctioi 
aries  of  &  high  class  are  generally  men  who  have  1 
favored  by  good  luck,  or  have  been  distinguished  in  soiD 
other  career.  Such  cannot  he  the  permanent  i 
ambitious.  But  the  townsliip,  at  the  centre  of  the  ord 
nary  relations  of  life,  servies  aa  a  field  for  the  deairo  o 
esteem,  the  want  of  eHciting  interest,  and  the  taste  for  : 
thority  and  popuJnritv  ;  and  the  passions  whicli  coninionly 
embroil  society  change  their  chanicter,  when  they  find  a 
vent  so  near  the  domestic  hearth  and  the  femily  circle. 

In  the  American  townships,  power  has  been  disseminated 
with  admirable  skill,  for  the  purpose  of  interesting  die 
greatest  possible  number  of  persons  in  the  common  weal. 
Independently  of  the  voters,  who  are  from  time  to  time 
called  into  action,  the  power  is  divided  among  innumerable 
tiinctionaries  and  officers,  who  all,  in  their  several  spherasi 
represent  the  powerful  community  in  whose  name  they  act. 
The  local  administration  thus  aifords.  an  unfailing  source 
of  profit  and  interest  to  a  vast  number  of  individuals. 

The  American  system,  which  divides  the  local  authority 
among  so  many  citizens,  does  not  scruple  to  multiply  the 
functions  of  the  town  officers.  For  in  the  United  Stated, 
it  is  believed,  and  with  truth,  that  patriotism  is  a  kind  of 
devotion  which  is  strengthened  by  ritual  observance.  In 
this  manner,  the  activity  of  the  township  is  con^ually  pefr 
ceptible  ;  it  is  daily  manifested  in  the  fulfilment  of  a  duty, 
or  the  exercise  of  a  right  ;  and  a  constant  though  gentle 
motifHi  is  thus  kept  up  in  society,  which  animates  without 


r-iJfr: r^.  ■:>-  "—.  -  ~-r-_17  "_ 


TOWNSHIPS  AND  MUNiaPAL  BODIES.  85 

disturbing  it.  The  American  attaches  himself  to  his  little 
commonily  for  the  same  reason  that  the  mountaineer  clings 
to  his  hills,  because  the  characteristic  features  of  his  coun- 
try are  there  more  distinctly  marked  ;  it  has  a  more  strik- 
ing physiognomy. 

The  existence  of  the  townships  of  New  England  is,  in 
general,  a  happy  one.  Their  government  is  suited  to  their 
tastes,  and  chosen  by  themselves.  In  the  midst  of  the 
profound  peace  and  general  comfort  which  reign  in  Amei> 
ica,  the  commotions  of  municipal  life  are  unfrequent.  The 
conduct  of  local  business  is  easy.  The  political  education 
of  the  people  has  long  been  complete  ;  say  rather  that  it 
was  complete,  when  the  people  first  set  foot  upon  the  soU. 
In  New  England,  no  tradition  exists  of  a  distinction  of 
ranks  ;  no  portion  of  the  community  is  tempted  to  oppress 
the  remainder  ;  and  the  wrongs  which  may  injure  isolated 
individuals  are  forgotten  in  the  general  contentment  which 
prevails.  K  the  government  has  faults,  (and  it  would  no 
doubt  be  easy  to  point  out  some,)  they  do  not  attract 
notice,  for  the  government  really  emanates  from  those  it 
governs,  and  whether  it  acts  ill  or  well,  this  fact  casts  the 
protecting  spell  of  a  parental  pride  over  its  demerits.  Be- 
sides, they  have  nothing  wherewith  to  compare  it.  Eng- 
land formerly  governed  the  mass  of  the  colonies  ;  but  the 
people  was  always  sovereign  in  the  townsliip,  where  its 
rule  is  not  only  an  ancient,  but  a  primitive  state. 

The  native  of  New  England  is  attached  to  his  townsliip 
because  it  is  independent  and  free  :  his  co-operation  in  its 
affairs  insures  his  attachment  to  its  interest;  the  well- 
being  it  affords  him  secures  his  affection  ;  and  its  welfare  is 
the  aim  of  his  ambition  and  of  his  future  exertions.  He 
takes  a  part  in  every  occurrence  in  the  place  ;  he  practises 
the  art  of  government  in  the  small  sphere  within  his  reach  ; 
he  accustoms  himself  to  those  forms  without  which  Uberty 
can  only  advance  by  revolutions  ;  he  imbibes  their  spirit  \ 


86  DEMOCRACY  IN  AirEEICA. 

be  acquires  a  taste  for  order,  comprehends  tlie  bslimce  i 
powers,  and  collects  clear  practical  notions  on  the  [ 
of  his  duties  and  the  extent  of  his  rights. 

THE   COUNTIES   OF   NEW   ENGLAND. 

The  division  of  the  connties  in  America  has  consideraU 
analogy  with  that  of  the  arrondiiiemenig  of  Franco, 
limits  of  hoth  are  arbitrarily  laid  down,  and  Uie  vi 
districts  which  they  contain  have  no  necessary  connectioi 
no  common  tradition  or  natura]  sjinpathy,  no  community 
of  existence;  their  plject  is  simply  to  facilitate  the  i 
ministration. 

The  extent  of  the  township  was  too  small  to  contain  «" 
system  of  judicial  institutions  ;  the  county,  therefore,  is  the 
first  centre  of  judicial  action.  Each  county  has  a  court  of 
justice,  a  sheriff  to  execute  its  decrees,  and  a  prison  îat 
criminals.  There  are  certain  wants  which  are  felt  alike  b^ 
all  the  townships  of  a  county  ;  it  is  therefore  natnral  thaï 
they  should  be  satisfied  by  a  central  authority.  In  Mas- 
sachusetts, this  authority  is  vested  in  the  hands  of  several 
magistrates,  who  are  appointed  by  the  Governor  of  the 
State,  with  the  advice  of  his  council.*  -The  County  Com- 
missioners have  only  a  limited  and  exceptional  authority, 
which  is  applicable  to  certain  predetermined  cases.  The 
State  and  the  townships  possess  all  the  power  requisite  fi» 
ordinary  public  business.  The  budget  of  the  county  is 
only  drawn  up  by  its  Commissioners,  and  is  voted  by  the 
legislature  ;  there  is  no  assembly  which  directly  or  indi- 
rectly represents  the  county.  It  has,  therefore,  propcriy 
speaking,  no  political  existence. 

A  twofold  tendency  may  be  discerned  in  most  of  tha 

*  Tbo  council  of  the  Goremor  ù  so  clcctiro  bod^.     [Tho  Comitj  Cdb-  ' 
DOW  elected  b;  popalar  toM.     See  Revised  StotntM.— 

1 


TOWNSklPS  AND  MUNICIPAL  BODIES.  87 

American  constitations,  whîch  impels  the  legislator  ^to  con- 
centrate.the  législative,  and  to  divide  the  executive  power. 
The  township  of  New  England  has  in  itself  an  indestructi- 
ble principle  of  life  ;  but  this  distinct  existence  could  only 
be  fictitiously  introduced  into  the  county,  where  the  want 
of  it  has  not  been  felt.  All  the  townships  united  have  but 
one  representation,  which  is  the  State,  the  centre  of  all 
national  authority  :  beyond  the  action  of  the  township  and 
that  of  the  State,  it  may  be  said  that  there  is  nothing  but 
individual  action. 


THE  ADMINISTRATION   OP   GOVERNMENT   IN    NEW  ENGLAND 

Administration  not  perceived  in  America. — ^^Why?  —  The  Europeans  be- 
lieve that  Liberty  is  promoted  by  depriving  the  Social  Authority  of  some 
of  its  Rights  ;  the  Americans,  by  dividing  its  Exercise.  —  Almost  all 
the  Administration  confined  to  the  Township,  and  divided  amongst  the 
Town-Officers.  —  No  Trace  of  an  Administrative  Hierarchy  perceived, 
either  in  the  Township  or  above  it.  —  The  Reason  of  this.  —  How  it 
happens  that  the  Administration  of  the  State  is  uniform.  —  Who  is  em- 
powered to  enforce  the  Obedience  of  the  Township  and  the  County  to 
the  Law.  —  The  Introduction  of  Judicial  Power  into  the  Administration. 

—  Consequence  of  the  Extension  of  the  Elective  Principle  to  all  Func- 
tionaries. —  The  Justice  of  the  Peace  in  New  England.  —  By  whom  ap- 
pointed. —  County  Officer  :  insures  the  Administration  of  the  Townships. 

—  Court  of  Sessions.  —  Its  Mode  of  Action.  —  Who  brings  Matters 
before  this  Court  for  Action.  —  Right  of  Inspection  and  Indictment 
parcelled  out  like  the  other  Administrative  Functions.  —  Informers  en- 
couraged by  the  Division  of  Fines. 

Nothing  is  more  striking  to  a  European  traveller  in 
the  United  States,  than  the  absence  of  what  we  term  the 
Government,  or  the  Administration.  Written  laws  exist 
in  America,  and  one  sees  the  daily  execution  of  them  ;  but 
although  everything  moves  regularly,  the  mover  can  no- 
where be  discovered.  The  hand  which  directs  the  social 
machine  is  invisible.     Nevertheless,  as   all  persons  must 


88  DEMOCRACY  IN   AMERICA. 

have  recourse  to  certain  grammatical  forms,  which  «re  the 
foundation  of  Iiuman  language,  in  order  to  express  their 
thoughts  ;  so  all  contmiinities  are  obliged  to  secure  their 
esistence  hj  submitting  to  a  certain  amount  of  authority, 
wit]iout  which  they  fiJl  into  anarchy.  This  authority  may 
be  distributed  in  several  ways,  but  it  must  always  exist 
somewhere. 

There  are  two  methods  of  diminishing  the  force  of  au- 
thority in  a  nation.  The  first  is  to  weaken  the  supreme 
power  in  its  very  principle,  by  forbidding  or  preveutiiig 
socii'ty  from  acting  in  it-s  own  defence  under  certain  ctt^- 
cumstances.  To  weaken  authority  in  tliis  manner  is  ÛM 
European  way  of  establishing  freedom. 

The  second  manner  of  diminisliing  the  influence  of  ao- 
thority  docs  not  consist  in  Btrijjpiiiy  ^ix'iety  ot*  sninc  <>f  its 
lights,  nor  in  paralyzing  its  efforts,  but  in  distributing  the 
exercise  of  its  powers  among  various  bands,  and  in  mald^ 
plying  ftmctionariea,  to  each  of  whom  is  given  the  degree 
of  power  necessary  for  bi"i  to  perform  his  du^.  There 
may  be  nations  whom  this  distribution  of  social  powers 
might  lead  to  anarchy  ;  but  in  itself,  it  is  not  anarcbicaL 
The  authori^  thus  divided  is,  indeed,  rendered  less  irre- 
sistible and  less  perilous,  but  it  is  not  destroyed. 

The  Revolution  of  the  United  States  was  the  result  of  r 
mature  and  reflecting  preference  of  freedom,  and  not  rf 
a  vague  or  ill-defined  craving  for  independence.  It  con- 
tracted no  alliance  with  the  turbulent  passions  of  anarchy  ; 
but  its  course  was  marked,  on  the  contrary,  by  a  love  erf" 
ùrder  and  law. 

It  was  never  assumed  in  the  United  States,  that  the  dti* 
tea  of  a  free  country  has  a  right  to  do  whatever  he  pleases; 
on  the  contrary,  more  social  obligations  were  there  imposed 
upon  him  than  anywhere  else.  No  idea  was  ever  enter- 
tained of  attacking  the  principle  or  contesting  the  righta 
of  society  ;  but  the  exercise  of  its  authority  was  dmdfldi 


T0WNSHIP8  ANB  MUNICIPAL  BODIES.  89 

in  order  that  the  office  might  be  powerful  and  the  officer 
insignificant,  and  that  the  community  should  be  at  once 
regulated  and  free.  In  no  country  in  the  world  does  the 
law  hold  so  absolute  a  language  as  in  America  ;  and  in  no 
country  is  the  right  of  applying  it  vested  in  so  many 
hands.  The  administrative  power  in  the  United  States 
presents  nothing  either  centralized  or  hierarchical  in  its  con- 
atitution  ;  this  accounts  for  its  passing  unperceived.  The 
power  exists,  but  its  representative  is  nowhere  to  be  seen. 

We  have  already  mentioned,  that  the  independent  town- 
ships of  New  England  were  not  under  guardianship,  but 
took  care  of  their  own  private  interests  ;  and  the  mimicipal 
magistrates  are  the  persons  who  either  execute  the  laws  of 
the  State,  or  see  that  they  are  executed.*  Besides  the  gen- 
eral laws,  the  State  sometimes  passes  general  police  regu- 
lations ;  but  more  commonly,  the  townships  and  town 
officers,  conjointly  with  the  justices  of  the  peace,  regulate 
the  minor  details  of  social  life,  according  to  the  necessities 
of  the  different  localities,  and  promulgate  such  orders  as 
concern  the  health  of  the  community,  and  the  peace  as 
well  as  morality  of  the  citizens.f  Lastly,  these  town 
magistrates  provide,  of  their  own  accord  and  without  any 
impulse  from  without,  for  those  unforeseen  emergencies 
which  frequently  occur  in  society.  J 

•  See  "  The  Town-Officer,"  especially  at  the  words  Selectmen,  Asses- 
BOHS,  Collectors,  Schools,  Subvetobs  op  Highways.  I  take  one 
example  in  a  thousand  :  the  State  prohibits  travelling  on  Sunday  without 
good  reason;  the  tything-men,  who  are  town-officers,  are  required  to  keep 
watch  an4  to  execute  the  law. 

The  selectmen  draw  np  the  lists  of  voters  for  the  election  of  the  Governor, 
and  transmit  the  result  of  the  ballot  to  the  Secretary  of  the  State. 

t  Thus,  for  instance,  the  selectmen  authorize  the  construction  of  drains, 
and  point  out  the  proper  sites  for  slaughter-houses  and  other  trades  which 
«re  a  nuisance  to  the  neighborhood. 

I  For  example,  the  selectmen,  conjoinly  with  the  justices  of  the  peace, 
tike  measores  for  the  security  of  the  public  in  case  of  contagious  diseasoa. 


90  DEMOGRAOT  IN  AMEBIOA. 

It  results  from  wliat  we  have  said,  that,  m  the  SMu 
of  Massachusetts,  the  administradve  mûïontf  is  afanoii 
entirely  restricted  to  the  township,*  and  that  it  is  thava 
distributed  among  a  great  number  of  individnah.  In  lU 
French  commxin$y  there  is  properlj  bat  one  oflicial  fano^ 
tionary, — namelj,  the  Maire;  and  in  New  Eïn^kmd,  we 
have  seen  that  there  axe  nineteen*  These  nineteen  fnnch 
tionaries  do  not,  in  general,  depend  one  upon  anbdier.' 
The  law  carcfullj  prescribes  a  circle  of  action  to  each  oC 
these  magistrates  ;  within  that  circle,  they  are  allfMrweifiil 
to  perform  their  functions  independently  of  any  other  ait- 
thority.  Above  the  township,' scarcely  any  trace  of  a 
hierarchy  of  official  dignities  is  to  be  found*  It  soanetmieB 
happens,  that  the  county  officers  alter  a  decision  of  the 
townships,  or  town  magistrates  ;  f  but,  in  general,  the  au- 
thorities of  the  county  have  no  right  to  interfere  with  the 
authorities  of  the  township,^  except  in  such  matters  as 
concern  the  county. 

The  magistrates  of  the  township,  as  well  as  those  of  the 

*  I  saj  almostf  for  there  ore  many  incidents  in  town-life  which  are  rega- 
lated  bj  the  justices  of  peace  in  their  individiial  capacity,  or  by  an  assembly 
of  them  in  the  chief  town  of  the  county  ;  thus,  licenses  are  granted  by  the 
justices. 

t  Thus,  licenses  are  granted  only  to  such  persons  as  can  produce  a  ceitif- 
icato  of  good  conduct  from  the  selectmen.  If  the  selectmen  refuse  to  give 
the  certificate,  the  party  may  appeal  to  the  justices  assembled  in  the  Conit 
of  Sessions  ;  and  they  may  grant  the  license.  Tlie  townships  have  the  right 
to  make  by-laws,  and  to  enforce  them  by  fines,  which  are  fixed  by  law  ;  bat 
these  by-laws  must  be  approved  by  the  Court  of  Sessions.  [In  several  re- 
spects, these  laws  and  customs  liave  been  altered  by  general  legislation  since 
the  time  when  Dc  Tocqueville  wrote.  But  I  do  not  think  it  necessary  to 
specify  all  these  alterations,  as  generally  it  is  not  the  principle,  but  only  the 
details,  of  the  law  that  have  been  cliangcd.  —  Am.  Ed.] 

X  In  Massachusetts  the  county  magistrates  arc  frequently  called  upon  to 
investigate  the  acts  of  the  town  magistrates  ;  but  it  will  be  sho^in  farther  on 
that  this  invc8ti{ration  is  a  eonscquenec,  not  of  their  administrative,  bat  of 
their  judicial  jK>wcr. 


iJ5S,-Jk*  jSWHf!^^  ""lîi" 


|h^  >CV«^  ^  - 


TOWNSHIPS  AND  MXJNiaPAL  BODIES.  91 

■ 

cotmty,  are  bound,  în  a  small  number  of  predetermined 
cases,  to  communicate  their  acts  to  the  central  govern- 
ment.* But  the  central  government  is  not  represented 
by  an  agent  whose  business  it  is  to  publish  police  reg- 
ulations and  ordinances  for  the  execution  of  the  laws,  or 
to  keep  up  a  regular  commimication  with  the  oflScers  of 
the  township  and  the  coimty,  or  to  inspect  their  conduct» 
direct  their  actions,  or  reprimand  their  &ults.  There  is 
no  point  which  serves  as  a  centre  to  the  radii  of  the  ad- 
ministration. 

How,  then,  can  the  government  be  conducted  on  a  uni- 
form plan  ?  and  how  is  the  compliance  of  the  coimties  and 
their  magistrates,  or  the  townships  and  their  officers, 
enforced?  In  the  New  England  States,  the  legislative 
audiority  embraces  more  subjects  than  it  does  in  France  ; 
the  legislator  penetrates  to  the  very  core  of  the  administra- 
tion ;  the  law  descends  to  minute  details  ;  the  same  enact- 
ment prescribes  the  principle  and  the  method  of  its  applica- 
tion, and  thus  imposes  a  multitude  of  strict  and  rigorously 
defined  obligations  on  the  secondary  bodies  and  functiona- 
ries of  the  State.  The  consequence  of  tliis  is,  that,  if  all 
the  secondary  functionaries  of  the  administration  conform 
to  the  law,  society  in  all  its  branches  proceeds  with  the 
greatest  uniformity.  The  difficulty  remains,  how  to  compel 
the  secondary  bodies  and  functionaries  of  the  administra- 
tion to  conform  to  the  law.  It  may  be  affirmed,  in  general, 
that  society  has  only  two  methods  of  enforcing  the  execu- 
tion of  the  laws  :  a  discretionary  power  may  be  intrusted 
to  one  of  them  of  directing  all  the  others,  and  of  removing 
them  in  case  of  disobedience  ;  or  the  courts  of  justice  may 
be  required  to  inflict  judicial  penalties  on  the  offender. 
But  these  two  methods  are  not  always  available. 

The  right  of  directing  a  civil  officer  presupposes  that  of 

*  Thtu,  the  town  committees  of  schools  are  obliged  to  make  an  annnal 
#Bport  to  the  Secretary  of  the  State  on  tiie  oondhkm  of  thAifi3KN|3i» 


i 

«■  «  i      i     .  ■        .  • 


.  ;••  i^-ar,  tX'-»-|'î  îr^îTi  l.î-   «■•!'.>: ::u 


Siiii.v   ;•■:■-■  :k  ai.'i    :  ■■■a;:--   î:.».'   j-'W^.-!*  i»i'  i-: 
caii  ik'Vlt  Vk.'  i'.'iiieil  t«:i  tiiat  i>f  inllictini:  a 
bestowing:  a  ivwanJ. 

The  communities,   therefore,  in   which 
fiinctionaries  of  the  government  are  elected 
oUiged  to  make  great  use  of  judicial  penah: 
of  administration.     This  is  not  evident  at  f 
those  in  power  are  apt  to  look  upon  the  instit 
tife  functionaries  as  one  concession,  and  the 
the  elected  magistrate  to  tlie  judges  of  the  lar 
They  are  equally  averse  to  both  these  innova 
they  are  more  pressingly  solicited  to  grant  th< 
the  latter,  they  accede  to  the  election  of  the  m 
leave  him  independent  of  the  judiciid  power 
less,  the  second  of  these  measures  is  the  on 
can  possibly  counterlialance  the  first  ;  and  it 
that  an  elective  authority  which  is  not  subje 
power  will,  sooner  or  lof"-  —'^^ 


TOWNSHIPS  AND  MUNICaOPAL  BODIES.  98 

It  has  always  been  remarked  that  judicial  habits  do  not 
render  men  apt  to  the  exercise  of  administrative  authority. 
The  Americans  have  borrowed  from  their  fathers,  the  Eng* 
fish,  the  idea  of  an  institution  which  is  unknown  upon  the 
continent  of  Europe  :  I  allude  to  that  of  Justices  of  the 
Peace. 

The  Justice  of  the  Peace  is  a  sort  of  middle  term  be- 
tween the  magistrate  and  the  man  of  the  world,  between 
the  civil  officer  and  the  judge.  A  justice  of  the  peace  is  a 
well-informed  citizen,  though  he  is  not  necessarily  learned 
in  the  law.  His  office  simply  obliges  him  to  execute  tliej 
police  regulations  of  society,  a  task  in  which  good  sense! 
and  integrity  are  of  more  avail  than  legal  science.  The 
justice  introduces  into  the  administration,  when  he  takes 
part  in  it,  a  certain  taste  for  established  forms  and  pub- 
licitv,  which  renders  him  a  most  unserviceable  instrument 
for  despotism  ;  and,  on  the  other  hand,  he  is  not  a  slave  of 
those  legal  superstitions  which  render  judges  unfit  members 
of  a  government.  The  Americans  have  adopted  the  Eng- 
lish system  of  justices  of  the  peace,  depriving  it  of  the 
aristocratic  character  which  distinguishes  it  in  the  mother 
country.  The  Governor  of  Massachusetts  appoints  a  cer- 
tain number  of  justices  of  the  peace  in  every  county,  whose 
ftmctions  last  seven  years.  He  further  designates  three 
individuals  from  the  whole  body  of  justices,  who  form  in 
each  county  what  is  called  the  Court  of  Sessions.*  The 
justices  take  a  personal  share  in  the  public  administration  ; 
they  are  sometimes  intrusted  with  administrative  ftmctions 
in  conjimction  with  elected  officers  ;  f  they  sometimes  con- 

♦  The  Court  of  Sessions  no  longer  exists  as  such  ;  its  functions  have  been 
merged  in  those  of  the  ordinary  legal  tribunals.  —  Am.  Ed. 

t  Thus,  for  example,  a  stranger  arrives  in  a  township  from  a  country 
where  a  contagious  disease  prevails,  and  he  falls  ill.  Two  justices  of  the 
peace  can,  with  the  assent  of  the  selectmen,  order  the  sheriff  of  the  county 
to  remove  and  take  care  of  him.  In  general,  the  justices  interfere  in  all  the 
important  acts  of  the  administration^  and  give  them  a  aeim-3uàic\B\  c\vax«kK,\fix« 


94  DEMOCBACT  IN  AMERICA. 

stitute  a  tribunal,  before  whicli  tlie  maj^sliatM  sunuiianlj 
prosecute  a  refractory  citizen,  or  tlie  citizens  inform  Igffifirt 
the  abuses  of  the  magUlrati^.  But  it  is  in  tlie  Court  of 
Sessions  that  they  exeivlio  their  most  important  tUncttona. 
This  court  meets  twice  a  year,  in  the  county  town;  in 
Massachusetts,  it  is  empowered  to  enforce  the  ol>edieiice  of 
most*  of  the  public  officerB.-f  It  must  bo  observed  that, 
in  Massachusetts,  the  Court  of  Sessions  is  at  the  same  lime 
an  administrative  body,  properly  so  called,  and  a  political 
tribunal.  It  has  been  mentioned  that  the  county  is  a 
purely  administrative  division.  The  Court  of  Sessions 
presides  over  that  small  number  of  affiurs  which,  as  they 
concern  scvcnd  townships,  or  all  the  towTiships  of  the 
county  in  common,  cannot  be  intrusted  to  any  one  of 
them  in  particular.}  In  all  that  concerns  county  business^ 
the  duties  of  the  Court  of  Sessions  are  purely  administra- 
tive ;  and  if  in  its  procedure  it  occasionally  introduces  judi- 
cial forms,  it  is  only  with  a  «ew  to  its  own  information,^ 
or  as  a  guaranty  to  those  for  whom  it  acts.  But  when  the 
adininistration  of  the  township  is  brought  before  il,  it  acts 


*  I  U7  moit  of  tbEm,  becaiue  ceitùu  adminûtratiTe  n 


brought  before  the  otHbuij  tribanals.  If,  for  iIIgtanl^e,  >  tOKuhip  idniM 
to  make  the  nocessaiy  espcadiCure  for  its  schools,  or  to  nuns  &  schootcont- 
mittce,  it  is  liable  to  a,  hcavj  fiite.  Bat  this  pcaaltj  is  protMoacad  bj  ths 
Bopreme  Jadictal  Court  or  the  Court  of  Common  PIcm. 

t  In  their  individual  capacity,  the  Jaiti<«s  of  [ho  Fcace  take  a  pait  in  tha 
buunesa  of  tbe  couotiea  and  townihips.  In  genentl,  tba  most  impanaat 
acts  of  the  town  can  be  peiformed  onijr  with  the  concutiesce  of  eome  ooo  o£ 

t  Theae  af&irs  maj  be  brought  under  the  fotlomng  beads  :  —  1  ■  Tba  mo> 
tiOD  of  prisons  and  courts  of  justice.  S.  The  county  budget,  which  It  after- 
wards  roied  by  the  St*>«  legislature.  3.  The  distribution  of  tha~  taxas  an 
Totad.  4.  Grants  pf  renain  patent».  5.  The  laying  down  and  r^iafai 
eouQty  roHiU.  [Most  of  those  acts  are  now  porfonned  by  tha  Codd^ 
*■  ■  Am.  Eu,] 

whim  a  road  is  luider  coDsideistioo,  almost  all  difficulliei  an  difr 
l^lliejniy. 


TOWNSHIPS  AND  MUNICIPAL  BODIES.  95 

as  a  judicial  body,  and  only  in  some  few  cases  as  an  admin- 
istrative  body. 

The  first  difficulty  is,  to  make  the  township  itself,  an 
almost  independent  power,  obey  the  general  laws  of  the 
State.  We  have  stated,  that  assessors  are  annually  named 
by  the  town-meetings  to  levy  the  taxes.  If  a  township 
attempts  to  evade  the  payment  of  the  taxes  by  neglecting 
to  name  its  assessors,  the  Court  of  Sessions  condemns  it  to 
a  heavy  fine.  The  fine  is  levied  on  each  of  the  inhabitants  ; 
and  the  sheriff  of  the  county,  who  is  the  officer  of  justice, 
executes  the  mandate.  Thus,  in  the  United  States,  gov- 
ernment authority,  anxious  to  keep  out  of  sight,  hides  itself 
under  the  forms  of  a  judicial  sentence  ;  and  its  influence  is 
at  the  same  time  fortified  by  that  irresistible  power  which 
men  attribute  to  the  formalities  of  law. 

These  proceedings  are  easy  to  follow  and  to  understand. 
The  demands  made  upon  a  township  are,  in  general,  plain 
and  accurately  defined  ;  they  consist  in  a  simple  fact,  or  in 
a  principle  without  its  application  in  detail.*  But  the  diffi- 
culty begins  when  it  is  not  the  obedience  of  the  township,* 
but  that  of  the  town  officers,  which  is  to  be  enforced.  All 
the  reprehensible  actions  which  a  public  functionary  can 
commit  are  reducible  to  the  following  heads  :  — 

He  may  execute  the  law  without  energy  or  zeal  ; 

He  may  neglect  what  the  law  requires  ; 

He  may  do  what  the  law  forbids. 

Only  the  last  two  violations  of  duty  can  come  before  a 
legal  tribunal  ;  a  positive  and  appreciable  fiict  is  the  indis- 

•  There  is  an  indirect  method  of  enforcing  the  obedience  of  a  township. 
Suppose  that  the  funds  which  the  law  demands  for  the  maintenance  of  the 
roads  have  not  been  voted  ;  the  town  surveyor  is  then  authorized,  ex  offido^ 
to  levy  the  supplies.  As  he  is  personally  responsible  to  private  individuals 
for  the  state  of  the  roads,  and  indictable  before  the  Court  of  Sessions,  he  is 
sure  to  employ  the  extraordinary  right  which  the  law  gives  him  against  the 
township.  Thus,  by  threatening  the  officer,  the  Court  of  Sessions  exacts 
compliance  from  the  town. 


66  DEMOCBAcr  m  America. 

peitsable  foundation  of  an  action  at  law.  Thaa,  if  i 
selectmen  omit  the  legal  formalities  usual  at  town  elecdi 
tliey  may  be  fined.  But  when  the  officer  performs  liia  d 
unskiltully,  or  obeys  tho  letter  of  tlie  law  without  zeai  ( 
energy,  he  is  out  of  the  reach  of  judicial  interference. 
Court  of  Sessions,  even  when  clothed  with  it<lniiulstnitiq 
powers,  is  in  this  case  onablv  to  enforce  a  more  satis&cta 
obedience.  The  fear  of  removal  is  the  only  check  to  thfll 
quasi -offences,  and  the  Court  of  Sessions  does  not  origtnaT 
the  town  autlioritiea  ;  it  cannot  remove  functionaries  wliof 
it  does  not  appoint.  Moreover,  a  per[X'tual  supervîsid 
would  be  necessaiy  to  convict  the  officer  of  negligence  V 
iukewarraness.  Now  the  Com-t  of  Sessions  sits  but  t^ 
a  year,  and  then  only  judges  such  offences  as  are  1 
to  its  notice.  The  only  security  for  that  active  and  enligfat^ 
ened  obedience,  which  a  court  of  justice  cannot  enforce 
upon  public  fimotionaries,  lies  in  the  arbitrary  removal  of 
them  from  office.  In  France,  this  final  security  b  exeiv 
cised  by  the  heads  of  the  administration  ;  in  America,  it  iS 
obtained  thrrwgh  the  principle  of  election,  . 

Thus,  to  recapitulate  in  a  few  words  what  I  bare  dé* 
scribed:  — 

If  a  public  ofBcer  in  Nevr  England  commits  a  crime  hi 
the  exercise  of  his  fiinctions,  the  ordinary  courts  of  jnsliçe 
are  always  called  upon  to  punish  him. 

If  he  commits  a  fault  in  liis  administrative  capac!^,  % 
purely  administrative  tribunal  is  empowered  to  punî^ 
him  ;  and,  if  the  affîdr  is  important  or  urgent,  the  judge 
does  what  the  functaeuary  should  have  done.* 

Lastly,  if  the  same  individual  is  guilty  of  one  of  thoM 
Intangible  offences  which  human  justice  can  neither  define 
nor  appreciate,  he  annually  appeaï^  before  a  tribunal  from 

*  If,  for  instance,  a  township  peniste  in  refiuing  to  nsme  iu  «raenori,  te 
Court  of  Sosaiona  nominates  them  ;  and  the  nugûtntea  tho»  appointed  «ra 
inTestsd  with  the  same  antboritjr  aa  elected  officen. 


-  _»--  t_ 


TOWNSHIPS  AND  MUNICIPAL  BODIES.  ^    97 

which  there  is  no  appeal,  which  can  at  once  reduce  him  to 
insignificance,  and  deprive  him  of  his  charge.  This  system 
undoubtedly  possesses  great  advantages,  but  its  execution 
is  attended  with  a  practical  difficulty,  which  it  is  important 
to  point  out. 

I  have  ahready  observed,  that  the  administrative  tribunal, 
which  is  called  the  Court  of  Sessions,  has  no  right  of  in- 
spection over  the  town  officers.  It  can  only  interfere  when 
the  conduct  of  a  magistrate  is  specially  brought  under  its 
notice  ;  and  this  is  the  delicate  part  of  the  system.  The 
Americans  of  New  England  have  no  public  prosecutor  for 
the  Court  of  Sessions,*  and  it  may  readily  be  perceived 
that  it  would  be  difficult  to  create  one.  If  an  accusing 
magistrate  had  merely  been  appointed  in  the  chief  town 
of  each  county,  and  he  had  been  unassisted  by  agents  in 
the  townships,  he  would  not  have  been  better  acquainted 
with  what  was  going  on  in  the  county  than  the  members 
of  the  Court  of  Sessions.  But  to  appoint  his  agents  in 
each  township  would  have  been  to  centre  in  his  person  the 
most  formidable  of  powers,  that  of  a  judicial  administration. 
Moreover,  laws  are  the  children  of  habit,  and  nothing  of 
the  kind  exists  in  the  legislation  of  England.  The  Amer- 
icans have,  therefore,  divided  the  offices  of  inspection  and 
complaint,  as  well  as  all  the  other  functions  of  the  adminis- 
tration. Grand-jurors  are  bound  by  the  law  to  apprise  the 
court  to  which  they  belong  of  all  the  misdemeanors  which 
may  have  been  committed  in  their  county.f  There  are 
certain  great  ofiences  which  are  officially  prosecuted  by 
the  State  ;  J  but,  more  frequently,  the  task  of  pimishing 

*  I  say  the  Court  of  Sessions,  because,  in  common  courts,  there  is  an  offi- 
cer {^e  district  attorney]  who  exercises  some  of  the  functions  of  a  publie 
prosecutor. 

t  The  Grand-jurors  are,  for  instance,  bound  to  inform  the  court  of  the 
bad  state  of  the  roads. 

X  If,  for  instance,  the  treasurer  of  the  county  holds  back  his  accoiu\t&. 


M  DEMOCRACY  IS  AMERICA. 

delinquents  devolves  upon  the  fiscal  oflEcer,  ivhose  proV 
inco  it  is  tg  receive  the  fine  :  thus,  the  treasnrer  of  t 
township  13  cliarged  with  the  prosecution  of  such  admin 
txative  offences  as  fall  under  his  notice.    But  a  more  espi 
cial  appeal  is  made  by  American  legislation  to  the  privai 
interest  of  each  citizen  ;  "  and  tliis  great  principle 
stantly  to  be  met  with  in  studying  the  laws  of  the  Unite 
States.     American  legislators  are   more  apt  to  give  meg 
credit  for  intelligence  tlian  for  honesty  ;  and  they  rely  noÉ 
a  little  on  personal  interest  for  the  execution  of  the  lawi 
When  an  individual  is  really  and  sensibly  injured  by  ■ 
administrative   abuse,  liis  personal   interest  is  a  guarantj 
that  he  will  prosecute.      But  if  a  legal  formality  be  i 
quired,  wlijcli,  however  advjintageous  to  the  communityJ 
is  of  small  importance  to  indiv!dnn!>,  pLiintifl':;  may  be  less  1 
easily  found  ;  and  thus,  by  a  tacit  agreement,  the  laws  may 
fell  into  disuse.     Reduced  by  their  system  to  this  extremity, 
the  Americans  are  obliged  to  encourage  informera  by  b^ 
stowing  on  them  a  portion  of  the  penalty  in  certain  case«  ;  f 
and  they  thus  insure  the  execution  of  the  laws  by  the  dan- 
gerous expedient  of  d^rading  the  morals  of  the  peejde. 


*  Tbna,  to  take  ono  example  oat  of  a  tiionsand,  if  a  prirato  it 
hntk»  hi»  carriage,  or  U  wounded,  in  consoquenco  of  the  badncaa  of  a  road, 
he  can  sue  the  toimship  or  the  coantj  for  damages  at  the  gcasioDt. 

t  la  ouc»  of  invation  or  iniorrectioa,  if  the  tonn  offlccn  neglect  to  ftn- 
nlah  the  ueccuarj  eton»  and  smmanition  for  the  militia,  the  towiwlûp  nuçr 
\ie  condemned  to  a  fine  of  from  SOO  to  500  doUan.  It  ma;  readtlj  b«  fa- 
agined  tlml,  in  such  a  case,  it  might  happen  that  no  one  nould  caro  to  [mw- 
ec:nln  ;  '  hence  the  lav  adds,  that  anj  citizen  maj  enter  a  complaint  fiv 
oflenecs  of  this  kind,  and  that  half  the  fine  shall  beiong  to  the  proaocotor* 
See  Act  of  Glh  March,  IBIO.  The  same  cUuso  ia  frequently  to  be  met  with 
in  (he  I^WB  of  Maiwacliasetti.  Ifot  onlj  are  private  individuala  thtu  indt«l 
to  proeocuEc  the  public  officers,  but  the  public  offleen  are  cnconnged  la  flu 
lame  manner  to  bring  the  disobedience  of  private  individuals  to  juitieo.  IF 
ft  dluon  icfbsca  to  perform  the  work  which  has  boon  assigned  to  Urn  npon  » 
toad,  the  roul-aarrcyor  niaj  prosecute  him,  and,  if  convicted,  ha  m-diw 
hilf  dw  penally  for  hinuelf. 


afcïL:: 


TOWNSHIPS  AND  MUNICIPAL  BODIES.  9ft 

Above  the  comity  magistrates,  there  is,  properly  speak- 
g,  no  administrative  power,  but  only  a  power  of  gov- 
nment. 


nig, 
emment. 


GENERAL  BEMARKS   ON   THE  ADMINISTRATION   IN   THE 

UNITED   STATES. 

Differences  of  the  States  of  the  Union  in  their  Systems  of  Administration.  — 
Activity  and  Perfection  of  the  Town  Authorities  decreases  towards  the 
Sonth.  —  Power  of  the  Magistrates  increases  ;  that  of  the  Voter  dimin- 
ishes. —  Administration  passes  from  the  Township  to  the  County.  — 
States  of  Now  York  :  Ohio  :  Pennsylvania.  —  Principles  of  Administra- 
tion applicable  to  the  whole  Union.  —  Election  of  Public  Officers,  and 
Inalienability  of  their  Functions.  —  Absence  of  Gradation  of  Banks.  — 
Introduction  of  Judicial  Procedures  into  the  Administration. 

I  HAVE  already  said  that,  after  examining  the  constitu- 
tion of  the  township  and  the  county  of  New  England  in 
detail,  I  should  take  a  general  view  of  the  remainder  of  the 
Union.  Townships  and  town  arrangements  exist  in  every 
State;  but  in  no  other  part  of  the  Union  is  a  township 
to  be  met  with  precisely  similar  to  those  of  New  England. 
The  &rther  we  go  towards  the  South,  the  less  active  does 
the  business  of  the  township  or  parish  become  ;  it  has 
fewer  magistrates,  duties,  and  rights;  the  population  ex- 
ercises a  less  immediate  influence  on  affairs  ;  town-meetings 
are  less  fiequent,  and  the  subjects  of  debate  less  numerous. 
The  power  of  the  elected  magistrate  is  augmented,  and 
that  of  the  voter  diminished,  whilst  the  public  spirit  of 
the  local  communities  is  less  excited  and  less  influential.* 
These  differences  may  be  perceived  to  a  certain  extent  in 
the  State  of  New  York  ;  they  are  very  sensible  in  Penn- 

♦  For  details,  see  the  Revised  Statutes  of  the  State  of  New  York,  Part  L 
Sec,  in  the  Digest  of  the  Laws  of  Pennsylvania,  the  words  Assessors, 

COLLECTOB,    CÎON8TABLE8,    OvERSEER    OP    THE    PoOR,    SUPERVISORS   OF 

HiOHWATS  :  and  in  the  Acts  of  a  general  nature  of  the  State  of  Ohio,  the 
Act  of  the  25th  of  February,  1834,  relating  to  townships,  p.  412. 


100  D£UOCRACV   IN    AMERICA. 

gy Ivania  ;  but  they  become  less  striking  as  we  tulvAsce  4 
the  Xortlfweat.     The  majority  of  the  emigrants  who  sel 
in  the  Northwestern  States  are  natives  of  New  Bn^ 
tind  tliey  carry  the  ailininistrative  habit»  of  their  mot 
Countty  with   Uiem  into  the  country  which  they  adt^nj 
A  township  ill  Ohio  is  not  unlike  a  township  in  Ma£ 
chusetis. 

We  have  soen  that,  in  Massachosetts,  t!ie  mainspring  afil 
public  administration  lies  in  tlie  township.     It  fonns  t' 
etmimon  centre  of  the  interests  aiid  allections  of  tlie  cîfcfl 
izens.     Bat  this  ceases  to  be  the  case  as  we  descend  to  thai 
States  in  wliich  knowledge  is  less  genei-ally  difliisud,  anil 
where  the  townsliïp  consequently  offers  fewer  guarantii^ 
of  a  wise  and  active  administration.     As  we  leave  Nei 
England,    therefore,    we   find   that   the  importance   of  tbnl 
town  is  gradually  transterred  to  the  couniy,  which  b 
the  centre  of  administration,  and  the  intermediate  power 
between  the  government  and  the  citizen.     In  MaasachiK 
Ktts,  the  business  of  the  county  is  conducted  by  the  Coozt 
of  Sessions,  which  is  composed  of  a  quorum  appointed  by 
the  Governor  and  hb  Conncil  ;  but  the  county  has  no  rep- 
resentative assembly,  and  its  expenditure  is  voted  by  the 
State  legislature.     In  the  great  State  of  New  York,  on  the 
contrary,  and  in  those  of  Ohio  and  Pennsylvania,  tbe  ii^ 
habitants  of  each  county  choose  a  certain  number  of  rejo»- 
sentatives,   who  constitate  the  assembly  of  the  conn^.* 
The  county  assembly  has  the  right  of  taxing  the  inhale 
itants  to  a  cert^n  extent;  and  it  is,  in  this  respect,  a  real 

•  S«e  the  lUviged  Statutes  of  tbe  State  of  New  Tork,  Pait  L  cli^>.  sL 
Vol.  I.  p.  340,  Id.,  chap.  xii.  p.  366;  alio,  in  the  Am  of  tke  8um  di 
Ohio,  an  act  lelatiiig  to  count;  coioiiiiuioDeTB,  2Sih  Febnuuy,  1SS4,  p.  S6>. 
See  the  Digeu  of  tbe  Lawa  of  Pennsjlrania,  at  the  trordi  CoTrrrr-mtXWt 
and  Letibb,  p.  170. 

In  the  Slate  of  'Sim  York,  each  township  elects  a  repreaentatiTO,  irlio  hM 
a  iharo  in  the  adnûnûtratioD  of  the  connt;  as  w^  ai  id  that  of  the  taan^ 


TOWNSHtfS  ASD  MUNICIPAL  BODIES.  101 

I^^lative  body:  at  the  same  time,  it  exercises  an  exeo* 
utive  power  in  the  county,  frequently  directs  the  admin- 
istration of  the  townships,  and  restricts  their  authority 
within  much  narrower  boimds  than  in  Massachusetts. 

Such  are  the  principal  differences  which  the  systems  of 
county  and  town  administration  present  in  the  Federal 
States.  Were  it  my  intention  to  examine  the  subject  in 
detail,  I  should  have  to  point  out  àtill  further  differences 
in  the  executive  details  of  the  several  commimities.  But 
I  have  said  enough  to  show  the  general  principles  on  which 
the  administration  in  the  United  States  rests.  These  prin- 
ciples are  differently  applied  :  their  consequences  are  more 
or  less  numerous  in  various  locaUties  ;  but  they  are  al- 
ways substantially  the  same.  The  laws  differ,  and  their 
outward  features  change;  but  the  same  spirit  animates 
them.  If  the  township  and  the  county  are  not  everywhere 
organized  in  the  same  manner,  it  is  at  least  true  that,  in 
the  United  States,  the  county  and  the  township  are  alwajrs 
based  upon  the  same  principle  ;  namely,  that  every  one  is 
the  best  judge  of  what  concerns  himself  alone,  and  the 
most  proper  person  to  supply  his  own  wants.  The  town- 
ship and  the  coimty  are  therefore  bound  to  take  care  of 
their  special  interests:  the  State  governs,  but  does  not 
execute  the  laws.  Exceptions  to  this  principle  may  be 
met  with,  but  not  a  contrary  principle. 

The  first  consequence  of  this  doctrine  has  been  to  cause 
all  the  magistrates  to  be  chosen  either  by  the  inhabitants, 
or  at  least  from  among  them.  As  the  officers  are  every- 
where elected  or  appointed  for  a  certain  period,  it  has  been 
impossible  to  establish  the  rules  of  a  hierarchy  of  author- 
ities ;  there  are  almost  as  many  independent  functionaries 
as  there  are  functions,  and  the  executive  power  is  dissem- 
inated in  a  multitude  of  hands.  Hence  arose  the  necessity 
of  introducing  the  control  of  the  courts  of  justice  over  the 
administration,  and  the  system  of  pecuniary  penaLtie^^  \jj 


102  DEMOCBAOT  IN  AXBBICyL 

which  the  secondary  bodies  and  their  repreaentelms 
constrained  to  obej  the  laws.  This  system  dbtams  &mi 
one  end  of  the  Union  to  the  other.  The  power  of  pmis 
ishing  administrative  misconduct,  or  of  perfiirmiiigi  i« 
urgent  cases,  administrative  acts,  has  not,  however,  beM 
bestowed  on  the  same  judges  in  aU  the  'States.  Tbe 
Anglo-Americans  derived  the  institution  of  justioes  of  the 
peace  from  a  common  source  ;  but  althou^  it  edsts  in  pli 
the  States,  it  is  not  always  turned  to  the  same  use.  The 
justices  of  the  peace  everywhere  participate  in  the  aid^ 
ministration  of  the  townships  and  the  counties,*  either  as 
public  officers,  or  as  the  judges  of  puUic  mkdemeanon  ; 
but  in  most  of  the  States,  the  more  important  pubBe 
offences  come  under  the  cognizance  of  the  ordinary  tii* 
bunals. 

Thus,  the  election  of  public  officers,  or  the  inalienability 
of  their  functions,  the  absence  of  a  gradation  of  powers, 
and  the  introduction  of  judicial  action  over  the  secondary 
branches  of  the  administration,  are  the  principal  and  uni- 
versal characteristics  of  the  American  system  from  Maine 
to  the  Floridas.  In  some  States  (and  that  of  New  York 
has  advanced  most  in  this  direction)  traces  of  a  centralized 
administration  begin  to  be  discernible.  In  the  State  of 
New  York,  the  officers  of  the  central  government  exercise, 
in  certain  cases,  a  sort  of  inspection  or  control  over  the 
secondary  bodies.f     At  other  times,  they  constitute  a  sort 

*  In  some  of  the  Southern  States,  the  county  courts  are  charged  with  aU 
the  detail  of  the  administration.  See  the  Statutes  of  the  State  of  Tennessee^ 
Art  Judiciary,  Taxes,  &c. 

t  For  instance,  the  direction  of  public  instruction  is  centralized  in  the 
hands  of  the  goTemment.  The  legislature  names  the  members  of  the  Uni- 
versity, who  are  denominated  Kegents  ;  the  Governor  and  Lientenant>QoT- 
emor  of  the  State  arc  necessarily  of  the  numl)er.  The  Regents  of  tb0 
University  annually  visit  the  colleges  and  academies,  and  make  their  report 
lo  ibe  legislature.  Their  superintendence  is  not  inefficient,  for  several  re» 
ions  :  the  Colleges,  in  order  to  become  corporations,  stand  in  need  of  a  cbai^ 


>'-»'*■»-   •■-» 


TOWNSHIPS  AND  MUNICIPAL  BODIES.  108 

of  conrt  of  appeal  for  the  decision  of  affairs.*  In  the 
State  of  New  York,  judicial  penalties  are  less  used  than 
in  other  places  as  a  means  of  administration  ;  and  the  right 
of  prosecuting  the  offences  of  public  officers  is  vested  in 
fewer  hands.f  The  same  tendency  k  &intly  observable 
in  some  other  States  ;  1^  but,  in  general,  the  prominent 
feature  of  the  administration  in  the  United  States  is  its 
excessive  decentralization. 

ter,  which  is  only  granted  on  the  recommendation  of  the  Begents  :  every 
jear,  foods  are  distributed  bj  the  State  for  the  encouragement  of  learning, 
and  the  Bègenta  are  the  distributors  of  this  monej.  The  school-commis- 
■ioners  are  obliged  to  send  an  annual  report  to  the  general  Superintendent 
of  the  Schools.  A  similar  report  is  annuallj  made  to  the  same  person  on 
the  number  and  condition  of  the  poor. 

*  If  anj  one  conccives  himself  to  be  wronged  by  the  school-commission- 
en  (who  are  town  officers),  he  can  appeal  to  the  Superintendent  of  the  Pri- 
mary Schools,  whose  decision  is  final. 

Provisions  similar  to  those  above  cited  are  to  be  met  with  from  time  to 
time  in  the  laws  of  the  State  of  New  York  ;  but,  in  general,  these  attempts 
at  centralization  are  feeble  and  unproductive.  The  great  authorities  of  the 
State  have  the  right  of  watching  and  controlling  the  subordinate  agents, 
without  that  of  rewarding  or  punishing  them.  The  same  individual  is 
never  empowered  to  give  an  order  and  to  punish  disobedience  ;  he  has,  there- 
fore, the  right  of  commanding,  without  the  means  of  exacting  compliance. 
In  ISSO,  the  Superintendent  of  Schools,  in  his  annual  report  to  the  legis- 
lature, complained  that  several  school-commissioners  had  neglected,  notwith- 
standing his  application,  to  furnish  him  with  the  accounts  which  were  due. 
He  added  that,  if  this  omission  continued,  he  should  be  obliged  to  prosecute 
them,  as  the  law  directs,  before  the  proper  tribunals. 

t  Thus,  the  district-attorney  is  directed  to  recover  all  fines  below  the  sum- 
of  fifty  dollars,  imless  such  a  right  has  been  specially  awarded  to  another 
magistrate. 

X  Several  traces  of  centralization  may  be'  discovered  in  Massachusetts  ; 
fbr  instance,  the  committees  of  the  town  schools  are  directed  to  make  aa 
annual  report  to  the  Secretary  of  State. 


DEMOCRACY    I 


OF   THE  STATE, 


4 


I  HAVE  desci-ibed  tlie  townships  and  the  adniioiatrft^on  j 
it  now  remains  for  me  to  speak  of  the  State  and  the  gov- 
ernment. Tills  is  gromid  I  may  pass  over  rapidly,  without 
fear  of  being  miaiinderstood  ;  for  all  I  liiive  to  say  is  to  be 
found  in  the  various  written  constitutions,  copies  of  which 
are  easily  to  be  procured.  These  constitutiona  i-est  upon 
a  simple  and  rational  tlieory  ;  most  of  their  forms  have 
been  adopted  by  all  coustitutional  nations,  and  are  become 
&miUar  to  us. 

Here,  then,  I  have  only  to  give  a  brief  account  ;  I  shall 
endeavor  afterwards  to  pass  judgment  npon  what  I  now 
describe.  _ 

LEGI3LATIVB  rOWER   OF   TUB  StXTS,  ^ 

DiTuton  of  die  LegisIatiTe  Bod  j  into  two  Houses.  —  Senate.  —  Vo/aat  of 
BeprcsenCatirea.  —  DiSerent  !Fiuic^iia  of  theae  two  Bodiee. 

The  le^slative  power  of  the  State  is  vested  in  two 
assemblies,  the  first  of  which  generally  bears  ïbe  nanw  ' 
of  the  Senate. 

The  Senate  is  commonly  a  legislative  body  ;  but  it  Btnufr- 
times  becomes  an  execadve  and  judicial  one.  It  takes  p«l  ' 
in  the  government  in  several  ways,  according  to  the  taik* 
■titntion  of  the  different  States  ;  *  but  it  is  in  the  nomiiUr' 
tion  of  public  functionaries  that  it  most  commonly  assamea 
an  executive  power.  It  partakes  of  judicial  power  in  ti» - 
trial  of  certain  political  offences,  and  sometimes  also  in  &e 
decision  of  certain  civil  casea.f  The  nomber  of  its  tseot- 
bers  is  alwaya  small. 

The  other  branch  of  the  legislature,  which  is  oauflllif 

*  In  HusachoHttB,  the  Senate  U  not  iuTefted  with  an;  admiidctniâTC 
t  Aa  in  dbs  State  of  New  Toik. 


'  ■  'f*-*     -f: 


iB&ti.^—  - 


THE  STATE.  105 

called  the  House  of  Representatives,  has  no  share  what- 
ev^  in  the  administration,  and  takes  a  part  in  the  judicial 
power  only  as  it  impeaches  public  functionaries  before  the 
Senate. 

The  members  of  the  two  houses  are  nearly  everywhere 
subject  to  the  same  conditions  of  eligibility.  They  are 
chosen  in  the  same  manner,  and  by  the  same  citizens. 
The  only  difference  which  exists  between  them  is,  that  the 
term  for  which  the  Senate  is  chosen  is,  in  general,  longer 
than  that  of  the  House  of  Representatives.  The  latter 
seldom  Temain  in  office  longer  than  a  year;  the  former 
usually  sit  two  or  three  years. 

By  granting  to  the  senators  the  privilege  of  being  chosen 
for  several  years,  and  being  renewed  seriatim^  the  law  takes 
care  to  preserve  in  the  legislative  body  a  nucleus  of  men 
already  accustomed  to  public  business,  and  capable  of  exer- 
cising a  salutary  influence  upon  the  new-comers. 

The  Americans  plainly  did  not  desire,  by  this  separation 
of  the  legislative  body  into  two  branches,  to  make  one 
house  hereditary  and  the  other  elective,  one  aristocratic 
and  the  other  democratic.  It  was  not  their  object  to  cre- 
ate in  the  one  a  bulwark  to  power,  whilst  the  other  repre- 
sented the  interests  and  passions  of  the  people.  The  only 
advantages  which  result  from  the  present  constitution  of 
the  two  houses  fti  the  United  States  are,  the  division  of  the 
legislative  power,  and  the  consequent  check  upon  political 
movements  ;  together  with  the  creation  of  a  tribunal  of 
appeal  for  the  revision  of  the  laws. 

Time  and  experience,  however,  have  convinced  the 
Americans  that,  even  if  these  are  its  only  advantages, 
the  division  of  the  legislative  power  is  still  a  principle  of  the 
greatest  necessity.  Pennsylvania  was  the  only  one  of  the 
United  States  which  at  first  attempted  to  establish  a  single 
House  of  Assembly  ;  and  Franklin  himself  was  so  far  car- 
ried away  by  the  logical  consequences  of  the  princiçle  of 

5* 


^  fttwniff^iy  uf  ^^  people,  as  to  have  concarred  in  the 
MKmt\*  1  tut  I-liO  Pennaylvaniftns  were  soon  obliged  to 
iht)  kw,  and  to  create  two  Louses.  Thus  tlu 
M^>ii4«  of  the  divisioii  of  tlie  le^sktive  power  wan 
^i/uiiiy  wtablisliLd,  and  its  necessity  may  henceforward  be 
iv^nlvtl  aa  a  demonstrated  truth.  This  tlicory,  ucarljr 
Ht^uown  to  the  republics  of  antiquily,  —  first  intnxinced 
■Uto  the  world  almost  by  accident,  like  so  many  other  great 
tniths,  and  misunderatood  by  several  modem  nations,  —  is 
fit  K^igtb  become  an  axiom  in  tlie  political  science  of  thfl 
yTMiuiit  age. 


THE    EXECUTIVE   POWER   OF  THK  8TATB. 


«iBMM^I 


I 


OOlre  of  GoïiTnor  in  un  American  Sum.  —  His  Relation  to  the  LcgUl 
—  Hii  lUghiB  and  hi»  Duties.  —  Hii  Dependeooe  oa  the  People, 

The  executive  power  of  the  State  is  rq>reëenteà  hy  tlte 
Governor.  It  is  not  by  accident  that  I  have  used  this 
word;  the  Governor  represerUt  this  power,  although  be 
enjoys  but  a  portion  of  ita  rights.  The  supreme  nu^ft» 
trate,  imder  the  title  of  Governor,  is  the  ofBcial  moderatOT 
and  counsellor  of  the  legislature.  He  is  armed  with  ■ 
veto  or  suspensive  power,  which  allows  him  to  stop,  or  life 
least  to  retard,  its  movements  at  pleasure.  He  lays  the 
wants  of  the  country  before  the  le^latjve  body,  and  p<niitB 
out  the  means  which  be  thinks  may  be  usc&Uy  empli^red 
in  providing  for  them  ;  he  is  the  natural  executor  of  its 
decrees  in  all  the  nndertakings  which  interest  the  nation  at 
lai^.*  In  the  absence  of  the  legislature,  the  Governor  is 
bound  to  take  all  necessaiy  steps  to  guard  the  State  a 
TioWt  shocks  and  unforeseen  dangers. 

*  PncdcaJIy  «peaking,  il  ta  not  alwajB  the  Governor  who  ezacotM 
plant  of  the  L^latnre  ;  it  ofien  hnppeiu  that  the  Utter,  in  TotJng  a  s 
at^  BMnci  ipedal  agents  lo  eupetinceud  the  u 


THE  STATE.  107 

The  whole  militury  power  of  the  State  is  at  the  disposal 
of  the  Governor.  He  is  the  commander  of  the  militia, 
and  head  of  the  armed  force.  When  the  authority,  which 
is  by  general  consent  awarded  to  the  laws,  is  disregarded, 
the  Governor  puts  himself  at  the  head  of  the  armed  force 
of  the  State,  to  quell  resistance  and  restore  order. 

Lastly,  the  Governor  takes  no  share  in  the  administra- 
tion of  the  townships  and  counties,  except  it  be  indirectly 
in  the  nomination  of  Justices  of  the  Peace,  which  nominar 
tion  he  has  not  the  power  to  cancel.* 

The  Governor  is  an  elected  magistrate,  and  is  generally 
chosen  for  one  or  two  years  only  ;  so  that  he  always  con- 
tinues to  be  strictly  dependent  upon  the  majority  who  re- 
turned him. 


jV^ 


POUTICAL  EFFECrrS   OP  DECENTRALIZED   ADMINISTRATION  IN 

THE  UNITED  STATES. 

Keoeasaiy  Distinction  between  a  Centralized  Goremment  and  a  Centralized 
Administration. — Administration  not  Centralized  in  the  United  States  : 
great  Centralization  of  the  Government.  —  Some  bad  Consequences  re- 
salting  to  the  United  States  from  the  extremely  decentralized  Adminis- 
tradon.  —  Administrative  Advantages  of  this  Order  of  Things.  —  The 
Power  which  administers  is  less  Regular,  less  Enlightened,  less  Learned, 
but  much  greater  than  in  Europe.  —  Political  Advantages  of  this  Order 
of  Things.  —  In  the  United  States,  the  Country  makes  itself  felt  every- 
where. —  Support  given  to  the  Government  by  the  Community.  —  Pro- 
vincial Institutions  more  necessary  in  Proportion  as  the  social  Condition 
becomes  more  Democratic.  —  Reason  of  this. 

Centralization  is  a  word  in  general  and  daily  use, 
without  any  precise  meaning  being  attached  to  it.  Never- 
theless, there  exist  two  distinct  kinds  of  centralization, 
which  it  is  necessary  to  discriminate  with  accuracy. 

*  In  some  of  the  States,  justices  of  the  peace  are  not  appointed  by  tha 
QoTemor. 


108  DEMOCRACY  IN  AMERICA. 

Certain  interests  are  common  to  all  parts  of  a  naiaon, 
such  as  the  enactment  of  its  general  laws,  and  the  main- 
tenance of  its  foreign  relations.  Other  interests  are  pe- 
culiar to  certain  parts  of  the  nation  ;  such,  for  instance,  as 
the  business  of  the  several  townsliips.  When  the  power 
which  directs  the  former  or  general  interests  is  concen- 
trated in  one  place  or  in  the  same  persons,  it  constitutes  a 
centralized  government.  To  concentrate  in  like  manner 
into  one  place  the  direction  of  the  latter  or  local  interests^ 
constitutes  what  may  be  termed  a  centralized  admini»* 
tration. 

Upon  some  points,  these  two  kinds  of  centralization  co> 
incide  ;  but  by  classifying  the  objects  which  fall  more  par- 
ticularly within  the  province  of  each,  they  may  easily  be 
distin<niished. 

It  is  evident  that  a  centralized  government  acquires 
immense  power  when  imited  to  centralized  administration. 
Thus  combined,  it  accustoms  men  to  set  their  own  will 
habitually  and  completely  aside;  to  submit,  not  only  for 
once,  or  upon  one  point,  but  in  every  respect,  and  at  all 
times.  Not  only,  therefore,  does  this  union  of  power  sub- 
due them  compulsorily,  but  it  affects  their  ordinary  habits  ; 
it  isolates  them,  and  then  influences  each  separately. 

These  two  kinds  of  centralization  mutually  assist  and 
attract  each  other  ;  but  they  must  not  be  supposed  to  be 
inseparable.  It  is  impossible  to  imagine  a  more  completely 
centralized  government  than  that  wliich  existed  in  France 
under  Louis  XIV.  ;  when  the  same  individual  was  the 
author  and  the  interpreter  of  the  laws,  and  the  representa- 
tive of  France  at  home  and  abroad,  he  was  justified  in 
asserting  that  he  constituted  the  state.  Nevertheless,  the 
administration  was  much  less  centralized  under  Louis  XIV. 
than  it  is  at  the  present  day. 

In  England,  the  centralization  of  the  government  is 
carried   to  great  perfection;    the   state  has   the  compact 


■~    "■         ■ii'»'»J*|^^l^rpr«—        ^_  ^^   ^  «.  .       If-    -  ■ 


THE  STATE.  109 

vigor  of  one  man,  and  its  will  puts  immense  masses  in 
motion,  and  tnms  its  whole  power  where  it  pleases.  But 
England,  which  has  done  so  great  things  for  the  last  fiftj 
years,  has  never  centralized  its  administration.  Indeed,  I 
cannot  conceive  that  a  nation  can  live  and  prosper  without 
a  powerful  centralization  of  government.  But  I  am  of 
opinion  that  a  centralized  administration  is  fit  only  to  ener- 
vate the  nations  in  which  it  exists,  by  incessantly  dimin- 
ishing their  local  spirit.  Although  such  an  administration 
can  bring  together  at  a  given  moment,  on  a  given  point, 
all  the  disposable  resources  of  a  people,  it  injures  the  re- 
newal of  those  resources.  It  may  insure  a  victory  in  the 
hour  of  strife,  but  it  gradually  relaxes  the  sinews  of 
strength.  It  may  help  admirably  the  transient  greatness 
of  a  man,  but  not  the  durable  prosperity  of  a  nation. 

Observe,  that  whenever  it  is  said  that  a  state  cannot  act 
because  it  is  not  centralized,  it  is  the  centralization  of  the 
government  which  is  spoken  of.  It  is  frequently  asserted, 
and  we  assent  to  the  proposition,  that  the  German  empire 
has  never  been  able  to  bring  all  its  powers  into  action. 
But  the  reason  was,  that  the  state  was  never  able  to  en- 
force obedience  to  its  general  laws  ;  the  several  members 
of  that  great  body  always  claimed  the  right,  or  found  the 
means,  of  refusing  their  co-operation  to  the  representatives 
of  the  common  authority,  even  in  the  affairs  which  con- 
cerned the  mass  of  the  people  ;  in  other  words,  there  was 
no  centralization  of  government.  The  same  remark  is 
iqpplicable  to  the  Middle  Ages  ;  the  cause  of  all  the  mis- 
eries of  feudal  society  was,  that  the  control,  not  only  of 
administration,  but  of  government,  was  divided  amongst  a 
thousand  hands,  and  broken  up  in  a  thousand  different 
ways.  The  want  of  a  centralized  government  prevented 
the  nations  of  Europe  from  advancing  with  enev^  in  any 
straightforward  course. 

We  have  shown  that,  in  the  United  States,  there  \a  no 


k 


lîO  DEMOCRACY  DJ  AMERICA- 

centralized  administration,  and  rio  hierarcliy  of  public 
tlonaiies.  Local  authority  has  been  carriwl  farUier  1 
any  European  nation  could  endure  without  gnat  înei 
venience,  and  it  has  even  produced  some  disadvanta; 
consequences  in  America.  But  in  tlie  United  Statos,  t 
centralization  of  tho  government  is  perfect  ;  and  it  ^v 
bo  easy  to  prove  tliat  the  national  power  ia  more  cancel 
tmted  there  than  it  has  ever  been  in  the  old  nations  d 
Europe.  Not  only  is  there  but  one  legislative  btiHy  i 
each  State,  —  not  only  does  there  exist  but  one  source  a 
political  authority,  —  but  numerous  assombli«  in  diâtrid 
or  counties  liavo  not,  in  general,  been  multiphed,  lest  thfl 
should  be  tempted  to  leave  their  administrative  duties  a 
interfere  with  the  govommont.  In  America,  the  legisb 
ture  of  each  State  is  supreme;  nothing  can  impede  itf 
authority,  —  neither  privileges,  nor  local  immonitie^,  mit 
personal  influence,  nor  even  the  empire  of  reason,  sinc«  É 
represents  tliat  majority  which  claims  to  be  the  sole  orgn 
of  reason.  Its  own  determination  is,  therefore,  the  aalf 
limit  to  its  action.  In  juxtaposition  with  it,  and  under  Ul 
immediate  control,  is  the  representative  of  the  execDtn* 
power,  whose  duty  it  is  to  constram  the  refractoiy  to  solh 
mit  by  superior  force.  The  only  symptom  of  weaknen 
lies  in  certain  details  of  the  action  of  the  government. 
The  American  republics  have  no  «tanding  armies  to  bt> 
tjmidate  a  discontented  minority  ;  but  as  no  minority  hia 
as  yet  been  reduced  to  declare  open  war,  the  necessity  of 
an  army  has  not  been  felt.  The  State  usually  employs  thB 
oflficers  of  the  township  or  the  county  to  deal  with  the  <Hti* 
zens.  Thus,  for  instance,  in  New  England,  the  town 
assessor  fixes  the  rate  of  taxes  ;  the  town  collector  nceavim 
them  ;  the  town  treasurer  transmits  the  amount  to  the  pnb- 
lic  treasury  ;  and  the  disputes  which  may  arise  are  broo^^ 
before  the  ordinary  courts  of  justice.  Tliis  method  of  oat* 
lec&ig  taxes  is  slow  as  well  as  inconvenient,  and  it  waM 


THE  STATE.  Ill 

prove  a  perpetual  bindiBnce  to  a  government  whose  pecn- 
niaiy  demands  were  large.  It  is  desirable  that,  in  whab- 
ever  materially  affects  its  existence,  the  government  should 
be  served  by  officers  of  its  own,  appointed  by  itself,  re- 
movable at  its  pleasure,  and  accustomed  to  rapid  methods 
of  proceeding.  But  it  will  always  be  easy  for  the  central 
govemmeot,  oiganized  as  it  is  in  America,  to  introduce 
more  energy  and  efficacious  modes  of  action  according 
to  its  wants.^,^  • 

The  want  of  a'&Bi)|ralized  government  will  not,  then,  as 
has  often  been  asserted,  prove  the  destruction  of  the  re- 
publics of  the  New  World  ;  far  from  the  American  gov- 
ernments being  not  sufficiently  centralized,  I  shall  prove 
hereafter  that  they  are  too  much  so.  The  legislative 
bodies  daily  encroach  upon  the  authority  of  the  govern- 
ment, and  tlieir  tendency,  like  that  of  the  French  Conven- 
tion, is  to  appropriate  it  entirely  to  themselves.  The  social 
power  thus  centralized  is  constantly  changing  hands, 
because  it  is  subordinate  to  the  power  of  the  people.  It 
often  forgets  the  maxims  of  wisdom  and  foresight  in  the 
consciousness  of  its  strength.  Hence  arises  its  danger. 
Its  viflor.  and  not  its  imnntPnfP.  will  prnTiahly  h^  ili^  ^misft 
flf^ita  uUimiit^  .Ipstrurtion. 

The  system  of  decentralized  administration  produces 
several  different  effects  in  America.  The  Americans  seem 
to  me  to  have  outstepped  the  limits  of  sound  policy,  in 
isolating  the  administration  of  the  government:  for  order, 
even  in  secondary  affairs,  is  a  matter  of  national  impor- 
tance.*    As  the  State  has  no  administrative  functionaries 

•  Tho  ttutlioritj  which  repre«entB  the  State  onght  not,  I  think,  (o  waiTe 
tlie  right  of  inspecting  tho  local  administntion,  even  wlicn  it  di>cs  not  itsolf 
■dmtniïler.  Suppose,  for  ioBtance,  that  on  agent  of  llic  t^ovcrnincnt  wu 
Hationcl  at  tomo  appointed  epot  in  coeh  coantj,  to  prosecute  tlie  miide- 
Ifmrn  of  tlic  town  and  conntj  officers,  would  not  n  more  utufonn  order 
be  tb«  icsalt,  wiiliout  in  auj  w^  compronùtiog  tho  itukpcoAcoco  ot  ÛM 


TDS  DEMOCRACY    IS   AMERICA- 

of  its  own,  Btetioned  on  different  pointa  of  its  tmritoiy,  1 
whom  it  can  give  a  common  impulse,  the  consequonco  â 
that  it  rarely  attempts  to  bsue  any  general  police  i 
-tiens.  The  want  of  these  regulations  is  «everely  («It,  * 
is  frequently  ohaerred  by  Europeans,  The  nppeanuiW  i 
disorder  which  prevails  on  the  surface  leads  him  at  first  ^ 
iui£^ne  that  society  is  in  a  state  of  anarchy  :  nor  does  1 
perceive  lus  mistake  till  he  has  gone  deeper  into  the  t 
ject.  Certain  undertakings  are  of  importance  to  the  wb 
State  ;  but  they  cannot  be  put  in  execution,  bec&tue  ths 
is  no  State  administration  to  direct  them.  Abandoi 
to  the  exertions  of  the  towns  or  counties,  under  tiua  c 
of  elected  and  temporary  agents,  they  lead  to  no  remit,  4 
ftt  least  to  no  durable  benetit. 

The  partisans  of  centralization  in  Europe  are  wont^  ■* 
maintain  that  the  government  can  administer  the  aflhirs  a 
each  locality  better  than  the  citizens  conld  do  it  fin-  ilamm 
selves  ;  this  may  be  true,  when  the  central  power  à  cm 
lightened,  and  die  local  authorities  are  ignc»w)t  ;  ■  whs  tH 
is  alert,  and  they  are  slow  ;  when  it  b  accustomed  to  mot^ 
and  thny  to  obey.  Indeed,  it  is  evident  that  this  dmU» 
tendency  must  augment  with  ^e  increase  of  centralizatiait, 
and  that  the  readiness  of  the  one  and  the  incapad^  <^  Urn 
others  must  become  more  and  more  prominent.  But  I 
deny  that  it  is  so,  when  the  people  are  as  enlightened,  t» 
awake  to  their  interests,  and  as  accustomed  to  r^ect.ca. 

township  1  Nothing  of  the  kind,  however,  exists  in  America  :  Aen  k  fp^ 
mg  abora  the  count;  coarts,  which  hnve,  tn  it  were,  only  aa  inddeolM  4G^ 
niuDce  of  tbs  adminiatntÎTe  oSênves  the;  ought  to  repren. 

[Ht.  Speocor  proper! j  remuka,  that  "such  an  agent  u  the  author  h«a 
ioggcMa  nmiUd  aoon  come  ta  be  canddend  %  public  informer,  thé  mcM  ofr 
ODi  of  all  cluracten  in  the  United  Stale*  ;  and  he  would  low  «U  cBciMMf 
and  atiengch."  Whereaa,  aa  it  ii,  the  cooitant  prcaeace  of  the  diatiict  aKo»' 
tuj,  and  the  meeting  of  a  gnmd  jury  threo  or  fonr  timea  a  jear  In  avNf- 
oouUf,  to  whom  Cferf  aggrieved  peraon  has  &ee  access,  ai«  RiSàeDi  fi^ 
taaàoM  againal  tha  miacondoct  or  neglect  of  the  local  officen.  —  Am.  K»j 


rem 


STATS.  US 

tihem,  as  the  Americans  are.  I  am  persuadcKl?  on  the  con- 
trary, that,  in  this  case,  the  collective  strength  of  the 
sens  will  always  conduce  more  efficaciously  t^^e 
-welfare  than  the  authority  of  the  government, 
is  difficult  to  point  out  with  certainty  the  meai 
ing  a  sleeping  population,  and  of  giving  it  p 
knowledge  which  it  does  not  possess;  it  is, 
aware,  an  arduous  task  to  persuade  men  to  busy 
about  their  own  affairs.  It  would  frequently  be  easier  to 
interest  them  in  the  pimctilios  of  court  etiquette,  than  in 
the  repairs  of  their  common  dwelling.  But  whenever  a 
central  administration  affects  completely  to  supersede  the 
persons  most  interested,  I  believe  that  it  is  either  misled,  or 
desirous  to  mislead.  However  enlightened  and  skilful  a 
central  power  may  be,  it  cannot  of  itself  embrace  all  the 
details  of  the  life  of  a  great  nation.  Such  vigilance  ex- 
ceeds the  powers  of  man.  And  when  it  attempts  unaided 
to  create  and  set  in  motion  so  many  complicated  springs,  it 
must  submit  to  a  very  imperfect  result,  or  exhaust  itself  in 
bootless  efforts. 

Centralization  easily  succeeds,  indeed,  in  subjecting  the 
external  actions  of  men  to  a  certain  uniformity,  which  we 
come  at  last  to  love  for  its  own  sake,  independently  of  the 
objects  to  which  it  is  applied,  like  those  devotees  who  wor- 
ship the  statue,  and  forget  the  deity  it  represents.  Cen- 
tralization imparts  without  difficulty  an  admirable  regular- 
ity to  the  routine  of  business  ;  provides  skilfully  for  the 
details  of  the  social  police  ;  represses  small  disorders  and 
petty  misdemeanors  ;  maintains  society  in  a  statu  quo  alike 
secure  from  improvement  and  decline  ;  and  perpetuates  a 
drowsy  regularity  in  the  conduct  of  affairs,  which  the  heads 
of  the  administration  are  wont  to  call  good  order  and  pub- 
lic tranquillity  ;  *  in  short,  it  excels  in  prevention,  but  not 

*  China  appears  to  me  to  present  the  most  perfect  instance  of  that  spo- 
dioè  of  well-being  which  a  highlj  centralized  administration,  XûJKjji  tanÂ&\i  ^ 


m  MMOGBAOT  01:  àMEMBtOà. 

^  «Mtt.*  Iti  foacce  deserts  it,  wlm  socie!^  ji  lO^lliftM» 
limrfh"  moved,  or  accelerated  m  ite  oo«]ne;'iad:iC-JH|| 
ili^  K>M)pentioo  of  private  dtiieiu  k  neoeneiy^to  U»»ih% 
ili^yyuice  of  its  measures,  the  secret  of  its  impoMhoe  19  dMr 
<k««:J*  Even  whilst  the  centraliaed  power,  in  its  dsipdkk 
invx^kcs  the  assistance  of  thô  dtissens,  it  says  to  them:  ^^^W 
y^^^^l  act  just  as  I  please,  as  much  as  I  please,  and  m  4if 
dinvtion  which  I  please.  Tou  are  .to  take  dnoge  of  li§ 
details,  without  aspiring  to  guide  the  system;  7QI1  avaJi 
work  in  darkness;  and  afiterwards  you  may  judge  rWf 
work  by  its  results/'  These  are  not  the  conditioDaH)|| 
which  the  alliance  of  the  human  will  is  to  be  obtai|ipd.£:iJk 
most  be  free  in  its  gait,  and  responsible  for  Hs.acta^« 
(such  is  the  constitution  of  man)  the  citizen  had  tÊÛndt 
f&nsin  a  passive  spectator,  than  a  dependent  afetor,  in 
ichemes  witli  which  he  is  unacquainted. 

It  is  undeniable,  that  the  want  of  those  uniform  reguli^ 
tions  which  control  the  conduct  of  every  inhabitant  of 
France,  is  not  unfrcquently  felt  in  the  United  States. 
Gross  instances  of  social  indifférence  and  ne^ect  are  to 
be  met  with  ;  and  from  time  to  time,  disgracefid  blemishes 
gro  seen,  in  complete  contrast  with  the  surrounding  civile 
station.  Useful  undertakings,  which  cannot  succeed  with- 
out perpetual  attention  and  rigorous  exactitude,  are  fire- 
qnontly  almndoned  ;  for  in  America,  as  well  as  in  other 
countries,  the  people  proceed  by  sudden  impulses  and 
imiuientnry  exertions.  The  European,  accustomed  to  find 
g  fuurtionary  always  at  hand  to  interfere  with  all  he  un- 

Im  ■ultjocts.  Travellers  assoro  us  that  the  Cliincsc  have  tranqnillity  withool 
l^piiioKs,  industry  without  impro^-emcnt,  stability  without  strength,  nd 
Mittlio  onlcr  without  public  morality.  The  condition  of  society  then  il 
llWMVii  tolornblo,  novor  excellent.  I  imagine  that,  when  Chin«  is  opeasd 
m  Kuntponn  ol^'rvation.  it  will  l)c  found  to  contain  the  most  pedfect  modal 
g|  ^  tHMtlrnliy^Ml  ndministnuion  which  exists  in  the  univerae. 

•  ThlM  il*  n  lively  and  faitliful  description  of  the  system  which  Dickieos  iHi 
lUl  u»  to  stiKmiuiav  by  tlic  name  of  •*  rod-tape."  —  An.  £1». 


f'ttW  fcl  **•   ■«■    ■      "j"* 


THE  STATE.  115 

dertakes,  reconciles  himself  with  difficulty  to  the  complex 
mechanism  of  the  administration  of  the  townships.  In 
general,  it  may  be  affirmed  that  the  lesser  details  of  the 
police,  which  render  hfe  easy  and  comfortable,  dre  neglect- 
ed in  America,  but  that  the  essential  guaranties  of  man  in 
society  are  as  strong  there  as  elsewhere.  In  America,  the 
power  which  conducts  the  administration  is  far  less  regular^ 
less  enhghtened,  and  less  skilful,  but  a  hundred-fold  greater, 
than  in  Europe.  In  no  country  in  the  world,  do  the  citi- 
zens make  such  exertions  for  the  common  weal.  I  know 
of  no  people  who  have  established  schools  so  numerous  and 
efficacious,  places  of  public  worship  better  suited  to  the 
wants  of  the  inhabitants,  or  roads  kept  in  better  repair. 
Uniformity  or  permanence  of  design,  the  minute  arrange- 
ment of  details,*  and  the  perfection  of  administrative  sjrs- 
tem,  must  not  be  sought  for  in  the  United  States  :  what 

•  A  writer  of  talent,  who,  in  a  comparison  of  the  finances  of  France  with 
those  of  the  United  States,  has  proved  that  ingenuity  cannot  always  snpply 
the  place  of  the  knowledge  of  facts,  justly  reproaches  the  Americans  for  thé 
tort  of  confusion  which  exists  in  the  accounts  of  the  expenditure  in  the  town- 
•hips  ;  and  after  giving  the  model  of  a  Departmental  Budget  in  France,  he 
adds  :  "  "We  are  indebted  to  centralization,  that  admirable  invention  of  a 
great  man,  for  the  order  and  method  which  prevail  alike  in  all  the  municipal 
budgets,  from  the  largest  city  to  the  humblest  commune."  Whatever  may  be 
my  admiration  of  this  result,  when  I  see  the  communes  of  France,  with  their 
excellent  system  of  accounts,  plunged  into  the  grossest  ignorance  of  their 
true  interests,  and  abandoned  to  so  incorrigible  an  apathy  that  they  seem  to 
v^etate  rather  than  to  live  ;  when,  on  the  other  hand,  I  observe  the  activity, 
the  information,  and  the  spirit  of  enterprise  in  those  American  townships 
whose  budgets  are  neither  methodical  nor  uniform  ;  I  see  that  society  there  is 
always  at  work.  I  am  struck  by  the  spectacle  ;  for  to  my  mind,  the  end  of  a 
good  government  is  to  insure  the  welfare  of  a  people,  and  not  merely  to  estabr 
liah  order  in  the  midst  of  its  misery.  I  am  therefore  led  to  suppose,  that 
the  prosperity  of  the  American  townships  and  the  apparent  confusion  of  their 
finances,  the  distress  of  the  French  communes  and  tlie  perfection  of  their 
budget,  may  be  attributable  to  the  same  cause.  At  any  rate,  I  am  suspicious 
ef  a  good  which  is  united  with  so  many  evils,  and  I  am  not  averse  to  an  evil 
which  is  compensated  by  so  many  benefits.  .  • 


116  BEMOCBAOT  IN  AKBRIGA. 

wc  find  there  ia,  the  pretence  of  m  power  wliidipH^it  h 
Homewhat  wild,  is  at  least  robust,  and  an  Fnstfncft  chedhj, 
itntd  with  accidents,  ihdeed,  bat  full  of  animation  and- A 

fort. 

Granting,  for  an  instant,  that  the  villages  and  cormtin 
of  thtt  United  States  would  be  more  nsefoSy  governed  hf^^ 
<*(iritnil  authority,  whidbi  they  had  never  seen,  than  by  fiiiiDv 
tionaries  taken  from  among  them, — admitting,  fi>r  the  aakii 
of  ar^nmont,  that  there  would  be  more  secority  in  Amapt 
ira,  and  the  resources  of  society  would  be  better  emptajoi 
tliuns  if  the  whole  administration  centred  in  a  single  an% 
—  still  the  political  advantages  which  the  Americans  derilifi 
from  tlieir  decentralized  system  would  induce  me  to  pcete 
it  to  the  contrary  plan.  It  profits  me  but  little,  after  aBi 
that  a  vigilant  authority  always  protects  the  tranquillity  of 
my  pleasures,  and  constantly  averts  all  dangers  from  my 
path,  without  my  care  or  concern,  if  this  same  authority  is 
the  absolute  master  of  my  liberty  and  my  Ufe,  and  if  it  so 
monopolizes  movement  and  life,  that  when  it  languishes 
everything  languishes  around  it,  that  when  it  sle^  every- 
thing must  sleep,  and  that  when  it  dies  the  state  itself  must 
perish. 

There  are  countries  in  Europe,  where  the  natives  con- 
sider themselves  as  a  kind  of  settlers,  indifferent  to  the  fiite 
of  the  spot  wliich  they  inhabit.  The  greatest  changes  are 
effected  there  without  their  concurrence,  and  (unless  chance 
may  liave  apprised  them  of  the  event)  without  their  knowt 
edge  ;  nay,  more,  the  condition  of  liis  village,  the  police  of 
his  street,  the  repairs  of  die  church  or  the  parsonage,  do 
not  concern  him  ;  for  he  looks  upon  all  these  things  as  un- 
connected with  liimself,  and  as  the  property  of  a  powerful 
stranger  whom  he  calls  the  government.  He  has  only  a 
life-interest  in  these  possessions,  without  the  spirit  of  owne*»- 
ship  or  any  ideas  of  improvement.  This  want  of  interest 
in  his  own  aflairs  goes  so  fiu*,  that  if  his  own  safety  or  that 


THE  STATE.  117 

of  liis  children  is  at  last  endangered,  instead  of  tiying  tu 
avert  the  peril,  he  will  fold  his  arms,  and  wait  till  the 
whole  nation  cornea  to  tia  aid.  This  man,  who  has  so 
completely  sacrificed  his  own  free  will,  does  not,  more  than 
•ny  other  person,  love  obedience  ;  he  cowers,  it  is  true, 
before  the  pettiest  officer  ;  hut  he  braves  the  law  with  the 
spirit  of  a  conquered  foe,  as  soon  as  its  superior  force  is 
withdrawn  :  he  perpetually  oscillates  between  servitude  and 
lic^ise. 

When  a  nation  has  arrived  at  this  state,  it  must  either 
ciiaDge  its  customs  and  its  laws,  or  perish  ;  for  the  source 
of  public  virtues  is  dried  up  ;  and  though  it  may  cont^n 
anbjects,  it  bas  no  citizens.  Such  communities  arc  a  natu- 
ral prey  to  foreign  conquests  ;  and  if  they  do  not  wholly 
disappear  from  tlie  scene,  it  is  only  because  they  are  sur- 
rounded by  other  nations  similar  or  inferior  to  themselves  j 
it  is  because  they  still  have  an  indefinable  instinct  of 
patriotism  ;  and  an  involuntary  pride  in  the  name  of  their 
country,  or  a  vague  reminiscence  of  its  bygone  fame,  suffices 
to  give  them  an  impulse  of  self-preservation. 

Nor  can  the  prodigious  exertions  made  by  certain  nations 
to  defend  a  country  in  which  they  had  lived,  so  to  speak, 
as  strangers,  be  adduced  in  favor  of  such  a  system  ;  for  it 
will  be  foTuid  that,  in  these  cases,  their  main  incitement 
■was  religion.  The  permanence,  the  glory,  or  the  prosperity 
of  the  nation  were  become  parts  of  their  feith  ;  and  in  de- 
fending their  country,  they  defended  also  that  Holy  City 
of  which  they  were  all  citizens.  The  Turkish  tribes  have 
never  taken  an  active  share  in  the  conduct  of  their  afiàirs  ; 
but  they  accomplished  stupendous  enterprises,  as  long  as  the 
victories  of  the  Sultan  were  triumphs  of  the  Mohammedan, 
faith.  In  the  present  age,  they  are  in  rapid  decjiy,  because 
their  religion  is  departing,  and  despotism  only  remains. 
Montesquieu,  who  attributed  to  absolute  power  an  author-  - 
i^  pecaliar  to  itself,  did  it,  as  I  conc^vo,  an  unàe&erveàL 


i 


lis  UEMOGBACr  m 

boDor  ;  for  deqiotin,  taken  hy  itadl^  cm  WBÊiafiÊSk^ 
durable.  On  dose  inyectinn,  we  dnD  find  Aat  inHyna', 
and  not  fear^  has  ever  been  Ûm  cause  cf  Ûib  kngEmi 
prosperity  of  an  absolate  govemment.  Do  what  yoa  tut/i^ 
there  is  no  true  power  among  men  eaeept  in  the  fieènnion 
of  their  will  ;  anii  patriotism  or  reli^on  aie  the  onlf  tué 
motives  in  the  worid  which  can  kng  mge  udl  the  peofh 
towards  the  same  end.  i    ■    ■ 

Laws  cannot  rekindle  an  extingiiiahed  fiuth;  hot  noi 
may  be  interested  by  the  laws  in  the  Site  of  thflir  coantPf. 
It  dei>ends  upon  the  laws  to  awaken  and  direet  tlw  tngns 
impulse  of  patriotism,  which  never  abandons  ike  fadnan 
heart  ;  and  if  it  be  connected  with  the  thov^ls,  IIm  paÉ» 
sions,  and  tlie  daily  habits  of  life,  it  may  be  conaolidatBd 
into  a  durable  and  rational  sentiment.  Let  it  not  be  said 
that  it  is  too  late  to  make  the  experiment  ;  for  nations  do 
not  grow  old  as  men  do,  and  every  fresh  generation  is  a 
new  people  ready  for  the  care  of  the  legislator. 

It  is  not  the  adminUtrative^  but  the  political  effects  of 
decentralization,  that  I  most  admire  in  America.  In  the 
United  States,  the  interests  of  the  country  are  everywhere 
kept  in  view  ;  they  are  an  object  of  solicitude  to  the  people 
of  the  whole  Union,  and  every  citizen  is  as  warmly  attached 
to  tliem  as  if  they  were  his  own.  He  takes  pride  in  the 
glory  of  his  nation  ;  he  boasts  of  its  success,  to  which  he 
conceives  himself  to  have  contributed  ;  and  he  rejoices  in 
the  general  prosperity  by  which  he  profits.  The  feeling 
he  entertains  toward  the  state  is  analogous  to  that  which 
unites  him  to  his  &mily,  and  it  is  by  a  kind  of  selfishness 
that  he  interests  liimself  in  the  welfare  of  his  country. 

To  the  European,  a  public  officer  represents  a  superior 
force  :  to  an  American,  he  represents  a  right.  In  America^ 
then,  it  may  be  said  that  no  one  renders  obedience  to  man^ 
but  to  justice  and  to  law.  If  the  opinion  which  the  citizen 
entertains  of  himself  is  exaggerated,  it  is  at  least  salutary; 


TBE  STATE.  119 

he  unhesitatingly  confides  in  his  own  powers,  which  appear 
to  him  to  be  all-^ufBcient.  When  a  private  individual 
meditates  an  undertaking,  however  directly  connected  it 
may  be  with  the  welfare  of  society,  he  never  thinks  of 
soliciting  the  co-operation  of  the  government  ;  but  he  pub- 
lishes  his  plan,  offers  to  execute  it,  courts  the  assistance  of 
other  individuals,  and  struggles  manfully  against  all  obstar 
cles.  Undoubtedly  he  is  often  less  successful  than  the  state 
might  have  been  in  his  position  ;  but  in  the  end,  the  sum 
of  these  private  undertakings  &r  exceeds  all  that  the  gov 
«mment  could  have  done. 

As  the  administrative  authority  is  within  the  reach  of 
the  citizens,  whom  in  some  degree  it  represents,  it  excites 
neither  their  jealousy  nor  hatred  :  as  its  resources  are  limit- 
ed, every  one  feels  that  he  must  not  rely  solely  on  its  aid. 
Thus,  when  the  administration  thinks  fit  to  act  within  its 
own  limits,  it  is  not  abandoned  to  itself,  as  in  Europe  ;  the 
duties  of  private  citizens  are  not  supposed  to  have  lapsed 
because  the  state  has  come  into  action  ;  but  every  one  is 
ready,  on  the  contrary,  to  guide  and  support  it.  This 
action  of  individuals,  joined  to  that  of  the  public  authori- 
ties, fi:^uently  accomplishes  what  the  most  energetic  cen- 
tralized administration  woiild  be  unable  to  do.* 

It  would  be  easy  to  adduce  several  facts  in  proof  of 
what  I  advance,  but  I  had  rather  give  only  one,  with 
which  I  am  best  acquainted.  In  America,  the  means 
which  the  authorities  have  at  their  disposal  for  the  discov- 
ery of  crimes  and  the  arrest  of  criminals  are  few.  A  state 
police  does  not  exist,  and  passports  are  unknown.  The 
criminal  police  of  the  United  States  cannot  be  compared  to 
that  of  France  ;  the  magistrates  and  public  agents  are  not 
numerous;  they  do  not  always  initiate  the  measures  for 
arresting  the  guilty  ;  and  the  examinations  of  prisoners  are 
rapid  and  oral.     Yet  I  believe  that  in  no  country  does 

•  See  Appendix  L 


120  DEMOGKACnr  IN  AMBRIOA. 

crime  more  rarely  dude  punishment.  Tbe 
every  one  conceives  himself  to  be  interested  in 
evidence  of  the  crime,  and  in  seisng  the  driiimiifi'i 
During  my  stay  in  ike  United  States.  I  witnessed  Am 
spont^eom  forLtion  of  conunitteTb^  »  ««aly  ftr  te 
pursuit  and  prosecution  of  a  man  who  had  oommittad  a 
great  crime.  In  Europe,  a  criminal  is  an  woîbappf  msà 
who  is  struggling  for  his  life  against  the  ugfrnik  ai  jfM, 
whilst  the  people  are  merely  a  spectator  of  the  conflict:  im 
America,  he  is  looked  upon  as  an'  enemy  of  the  hmiiaB 
race,  and  the  whole  of  mankind  is  against  him*  • 

I  believe  that  provincial  institutions  are  usefbl  to  aB, 
nations,  but  nowhere  do  Uiey  appear  to  me  to  fa# 
necessary  than  amongst  a  democratic  people.  In  an 
tocracy,  order  can  always  be  maintained  in  the  midst  of 
liberty  ;  and  as  the  rulers  have  a  great  deal  to  lose,  order 
is  to  them  a  matter  of  great  interest.  In  Uke  manner,  an 
aristocracy  protects  the  people  from  the  excesses  of  des- 
potism, because  it  always  possesses  an  organized  power 
ready  to  resist  a  despot.  But  a  democracy  without  pro- 
vincial institutions  has  no  security  against  these  evils. 
How  can  a  populace,  imaccustoined  to  freedom  in  small 
concerns,  leam  to  use  it  temperately  in  great  affidrs? 
Wliat  resistance  can  be  offered  to  tyranny  in  a  country 
where  each  individual  is  weak,  and  where  the  citiaens  are 
not  united  by  any  common  interest?  Those  who  dread 
the  license  of  the  mob,  and  those  who  fear  absolute  power, 
ouglit  alike  to  desire  the  gradual  development  of  provincial 
liberties. 

I  am  also  convinced,  that  democratic  nations  are  most 
likely  to  fall  beneath  the  yoke  of  a  centralized  administra* 
tion,  for  several  reasons,  amongst  wliich  is  the  following. 

The  constant  tendency  of  these  nations  is  to  concentrate 
all  the  strength  of  tlie  government  in  the  hands  of  the 
only  power  wliich  directly  represents  the  people  ;  because, 


THE  STATE.  121 

beyond  the  people,  nothing  is  to  be  perceived  but  a  mass 
of  equal  individuals.  But  when  the  same  power  already 
has  all  the  attributes  of  government,  it  can  scarcely  re- 
frain from  penetrating  into  the  details  of  the  adminis- 
tration, and  an  (^portunity  of  doing  so  is  sure  to  present 
itself  in  the  long  run,  as  was  the  case  in  France.  In  the 
French  Revolution,  there  were  two  impulses  in  opposite 
directions,  which  must  never  be  confounded  ;  the  one  was 
favoi^able  to  liberty,  the  other  to  despotism.  Under  the 
ancient  monarchy,  the  king  was  the  sole  author  of  the 
laws  ;  and  below  the  power  of  the  sovereign,  certain  ves- 
tiges of  provincial  institutions,  half  destroyed,  were  still  dis- 
tinguishable. These  provincial  institutions  were  incohe- 
pent,  ill  arranged,  and  fi^equently  absurd  ;  in  the  hands  i 
the  aristocracy,  they  had  sometimes  been  converted  into 
instruments  of  oppression.  The  Revolution  declared  itsdf 
the  enemy  at  once  of  royalty  and  of  provincial  institutions  ; 
it  confounded  in  indiscriminate  hatred  all  that  had  pre- 
ceded it,  —  despotic  power  and  the  checks  to  its  abuses; 
and  its  tendency  was  at  once  to  republicanize  and  to  cen- 
tralize. Tliis  double  character  of  the  French  Revolution 
is  a  fact  which  has  been  adroitly  handled  by  the  friends  of 
absolute  power.  Can  they  be  accused  of  laboring  in  the 
cause  of  despotism,  when  they  are  defending  that  central- 
ized administration  which  was  one  of  the  great  innovations 
of  the  Revolution  ?  *  In  this  manner,  popularity  may  be 
united  with  hostility  to  the  rights  of  the  people,  and  the 
secret  slave  of  tyranny  may  be  the  professed  lover  of 
freedom. 

I  have  visited  the  two  nations  in  wliich  the  system  of 
provincial  liberty  has  been  most  perfectly  established,  and 
I  have  listened  to  the  opinions  of  different  parties  in  those 
countries.  In  America,  I  met  with  men  who  secretly 
aspired  to  destroy  the  democratic  institutions  of  the  Union  ; 

*  See  Appendix  K. 


122  DEUOCKACY  m   AUERICA. 

in  England,  I  found  others  who  openly  attacked  the  aris- 
tocracj  ;  but  I  I'oiind  no  one  wlio  did  not  regard  provincial 
idence  as  a  great  good.  In  both  countries,  I  heard 
.  different  causes  assigned  for  the  evils  of  the 
stat«  ;  but  the  local  system  was  never  mentioned  amongst 
them.  I  hoard  citizens  attribute  the  power  and  prosperity 
V  of  their  country  to  a  multitude  of  reasons;  but  they  all 
placed  the  advantages  of  local  institutions  in  the  foremost 
rank. 

Am  I  to  HU[)pose  that  when  men,  who  are  naturally  bo 
divided  on  religious  opinions  and  on  political  theories,  agree 
on  one  point,  (and  that  one  which  they  can  best  judge,  as 
it  is  one  of  «'hich  they  liave  daily  experience,)  they  are  all 
in  error?  The  only  nations  wliifh  deny  the  utility  of  ])To- 
TÏncial  liberties  are  those  which  have  fewest  of  them  ;  in 
other  words,  those  only  censure  the  institution  who  do  not 
know  iL 


JUDICUL   POWEB  IN   THE   UmTED   STATES. 


CHAPTER    VI. 


The  Aoglo-Aioericsiu  baye  rcloiiied  tli«  CbamcurisCics  of  JadidaT  Power 
which  are  common  to  other  Notions.  —  They  have,  however,  m>d«  ft  a 
powerfii]  politiotl  Organ.  —  How.  —  Id  what  the  Judicial  System  of  the 
Anglo-American»  differs  from  that  of  all  other  Nation».  —  Why  the 
American  Judges  have  the  Bight  of  declaring  Lawa  to  be  unconaCitil- 
dooal.  —  How  they  use  this  Right.  —  Precautioni  taken  by  the  Legisla- 
tor 10  prevent  ita  Abase. 

I  HAVE  thought  it  right  to  devote  a  separate  chapter 
to  the  judicial  authorities  of  the  United  States,  lest 
their  great  political  importance  should  be  lessened  in  the 
reader's  eyes  by  a  merely  incidental  mention  of  them. 
Confederations  have  existed  in  other  countries  beside 
America  ;  I  have  seen  republics  elsewhere  than  upon  the 
shores  of  the  New  World  alone  :  the  representative  system 
of  government  has  been  adopted  in  several  states  of  Eu- 
rope; but  I  am  not  aivare  that  any  nation  of  the  globe 
has  hitherto  organized  a  judicial  power  in  the  same  man- 
ner as  the  Americans.  The  judicial  organization  of  the 
United  States  is  the  institution  which  a  stranger  has  the 
greatest  difficulty  in  understanding.  He  hears  the  au- 
thority of  a  judge  invoked  in  the  political  occarreDces  of 
every  day,  and  he  natorally  concludes  that,  in  tJie  Uoitg 
States,  the  judges  are  important  ])olitical  fun 
nevertheless,  when  he  examines  tlie  nature  of  tin?  i 
nais,  they  offer  at  the  first  gl^; 
trary  to  the  nsnal  halntt  t 


isi-d  of  malversation  to  its  bar,  its  political  iiifluet 
<\\<:hl  boily  was  cloarly  visible;  but  iiothiiifi  of  tlic 
'  III'  si'L'ii  in  ilio  United  States.  The  Anicricims 
iiied  all  the  ordinary  cliaracteris lies  of  judicial  ai 
and  have  carefully  restricted  its  action  to  the  ord 
le  of  "its  fiiiictions, 

rbo  first  cliaracleristic  of  judicial  power  in  all  iiatj< 
du^  of  arbitration.  But  rights  must  be  <H)nte8t 
9r  to  warmiit  the  interference  of  a  tnhuual;  an 
on  must  be  bruught  before  the  décision  of  a  jadg< 
had.  As  long,  therefore,  as  a  law  is  uncontested 
icial  authority  is  not  called  upon  to  dixeusa  it,  u 
/  exist  without  being  perceived.  When  a  judge 
m  case  attacks  a  law  rcliiling  to  that  case,  he  exi 
circle  of  his  euslomary  duties,  without,  (luwev^, 
Ç  beyond  it,  since  he  is  in  souie  mea.'iare  oUige 
ide  upon  the  law  in  order  to  decide  the  C[«e.  B: 
jronoiuicea  upon  a  law  without  proceeding  from  a  < 
riearly  steps  beyond  hia  sphere,  aud  invades  that  of 
îlative  authority, 

"he  second  characteristic  of  jui^cial  power  is,  tlu 
lounces  on  special  cases,  and  not  ujion  yineral  pr 
.     It'  a  judge,  in  deciding  a  particular  point,  destrr 


JUDICIAL   POWEB  DI  THE  UNITED  STATES.  125 

more  nsefiil  inSuence,  Uian  that  of  the  magistrate  ;  but  he 
ceases  to  represent  the  judicial  power. 

The  third  characteristic  of  the  judicial  power  is,  that 
it  can  ooly  act  when  it  is  called  upon,  or  when,  in  legal 
phrase,  it  lias  taken  cognizance  of  an  afiàir.  This  charac- 
teristic is  less  general  than  the  other  two  ;  but,  notwith- 
standing the  exceptions,  I  think  it  may  be  regarded  as 
essential.  The  judicial  power  is,  by  its  nature,  devoid  of 
action  ;  it  must  be  put  in  motion  in  order  to  produce  a 
result.  When  it  is  called  upon  to  repress  a  crime,  it  pun- 
ishes the  criminal  ;  when  a  wrong  is  to  be  redressed,  it  ia 
ready  to  redress  it  ;  when  an  act  requires  interpretation,  H 
is  prepared  to  interpret  it  ;  but  it  does  not  pursue  criminals, 
hunt  out  wrongs,  or  examine  evidence  of  its  own  accord. 
  judicial  functionary  who  should  take  the  initiative,  and 
usurp  the  censuroship  of  the  laws,  would  in  some  measuie 
do  violence  to  the  passive  nature  of  hia  authority. 

The  Americana  have  retained  tJiese  three  distinguishing 
cliaracteristies  of  the  judicial  power:  an  American  judge 
can  only  pronounce  a  decision  when  litigation  has  arisen, 
he  is  conversant  only  with  special  cases,  and  he  cannot  act 
until  the  cause  has  Ixjen  duly  brought  before  the  court. 
His  position  is,  therefore,  perfectly  similar  to  that  of  the 
magistrates  of  other  nations  ;  and  yet  he  is  invested  with 
immense  political  power.  How  comes  that  about?  If 
the  sphere  of  his  authority  and  his  means  of  action  are 
the  same  as  those  of  other  judges,  whence  does  he  derive 
a  power  which  they  do  not  possess  ?  The  cause  of  tliis 
difference  lies  in  the  simple  ikct,  that  tlie  Americans  have 
acknowledged  the  right  of  the  judges  to  found  their  decis- 
ions on  the  Cmistitution  rather  than  on  the  laws.  In  other 
words,  they  have  not  permitted  them  to  apply  such  laws  as 
may  appear  to  them  to  be  unconstitutional. 

I  am  aware  that  a  similar  right  has  been  sometimes 
claimed  —  but  clahned  in  vain  —  by  courts  of  justice  in 


•••"^».^.o  :  .V..'.  the  rvwinxl  th^vn-  is.  that  no  powe 

■     -    ■  •  .  "^  t"N  :..*rt  of  it.     In  Enirlaiid,  tli 

■    •     v'-^  ••  ■-.  •■•,:;i:;v:t  or  nitlier,  it  do 

^^    -       -■   :\«:-.uuont  is  at  once  a  legisla 

'  >v ....  .  .^^.,,.  .*s>^tuKv.     JV  poUtical  theories^of 

•  V  >.*v*v  v^«J^^f  *«a  «kw  rational.     An  Americai 
A,..w«  k.  «s«  »tt|^<wd  to  be  immutable,  as  in  Fran 

*  ^î.  ^NMv'vt'tM»  .vr  Btoidification  by  the  ordinary  pa 
^Mv»  *  W  Kn^tUd.  It  constitutes  a  detached 
***>k.  *»  tt  iviNramite  the  wiU  of  the  whole  peopi 
W  (wiOhv^  «  the  legislator  than  on  the  private 
^»  *  WK  may  be  altered  by  the  will  of  the  people 
sl^<4v«iun«d  cues,  according  to  established  rules.  In 
W^.  »fc*  constitution  may  therefore  vary  ;  but  as  lor 
*^»l^  II  is  the  origin  of  all  authority,  and  the  sole 
v»l*  lb*  pivdominating  force. 

It  is  easy  to  perceive  how  these  differences  must  « 
«w  position  and  the  rights  of  the  judicial  bodies  in  th 
.«.Witnee  I  have  cited.  If,  in  France,  the  tribunal 
antliorued  to  disobey  the  laws  on  the  ground  of  theii 
«|>po«!d  to  the  constitution,  the  constituent  power  wc 
&ct  be  placed  in  their  hands,  since  they  alone  woulc 
the  right  of  interpreting  a  con.stitution,  of  which  no  n 


JUDICIAL  POWER  IN  THE   UNITED   STATES.  127 

given  to  the  le^lative  body,  since  no  legal  barrier  would 
oppose  the  alterations  which  it  might  prescribe.  But  it  is 
still  better  to  grant  the  power  of  changing  the  constitution 
of  the  people  to  men  who  represent  (however  imperfectly) 
the  will  of  the  people,  than  to  men  who  represent  no  one 
but  themselves. 

It  would  be  still  more  imreasonable  to  invest  the  English 
judges  with  the  right  of  resisting  the  decisions  of  the  legis- 
lative body,  since  the  ParUament  which  makes  the  laws 
also  makes  the  constitution  ;  and  consequently,  a  law  ema- 
nating firom  the  three  estates  of  the  realm  can  in  no  case 
be  unconstitutional.  But  neither  of  these  remarks  is  appli- 
cable to  America. 

In  the  United  States,  the  constitution  governs  the  legis- 
lator as  much  as  the  private  citizen:  as  it  is  the  first  of 
laws,  it  cannot  be  modified  by  a  law  ;  and  it  is  therefore 
just  that  the  tribunals  should  obey  the  constitution  in  pref- 
erence to  any  law.  This  condition  belongs  to  the  very 
essence  of  the  judicature  ;  for  to  select  that  legal  obligation 
by  which  he  is  most  strictly  bound,  is  in  some  sort  the 
natural  right  of  every  magistrate. 

In  France,  the  constitution  is  also  the  first  of  laws,  and 
the  judges  have  the  same  right  to  take  it  as  the  ground  of 
their  decisions  ;  but  were  they  to  exercise  this  right,  they 
must  perforce  encroach  on  rights  more  sacred  than  their 
own,  namely,  on  those  of  society,  in  whose  name  they  are 
acting.  In  this  case,  reasons  of  state  clearly  prevail  over 
ordinary  motives.  In  America,  where  the  nation  can 
always  reduce  its  magistrates  to  obedience  by  changing 
its  constitution,  no  danger  of  this  kind  is  to  be  feared. 
Upon  this  point,  therefore,  the  poUtical  and  the  logeai 
reason  agree,  and  the  people  as  well  as  the  judges  preserve 
their  privileges. 

Whenever  a  law  which  the  judge  holds  to  be  unconsti- 
tntional  is  invoked  in  a  tribunal  of  the  United  States,  he 


tM  DEMOCRACT  IN  i 

WKJ  refiiae  to  admit  it  as  a  nJe  ;  this  power  is  the  only  one 
which  is  pecaliiir  to  the  American  magistrate,  hut  it  give» 
rise  to  immen-^e  iiolilicsJ  inBuence,  In  truth,  few  laws  can 
escape  the  searching  analysis  of  the  judicial  power  for  any 
length  of  time,  for  there  are  few  which  are  not  prejudicial 
to  some  private  interest  or  other,  and  none  which  may  not 
be  brought  before  a  court  of  justice  by  tJie  choice  of  par- 
tiea,  or  by  tJio  necessity  of  the  case.  But  as  soon  as  a 
jndge  has  refiiserl  to  apply  any  given  law  in  a  case,  that 
law  immediately  loses  a  portion  of  its  moral  force.  Those 
to  whom  it  is  piojvulicial  learn  that  means  exist  of  overcom- 
ing ita  aath<»nty  ;  and  similar  aiilts  are  muliijtlied,  until  it 
becomes  powerlf.w.  The  alternative,  then,  is,  tliat  the 
people  must  alter  the  constitution,  or  the  legislature  must 
repeal  the  law.  The  political  power  which  the  AmericuM 
have  intrusted  to  their  courts  of  justice  is  therefore  im- 
mense ;  but  the  evils  of  this  power  are  considerably  dimin- 
ished by  the  impossibility  of  attacking  the  laws  except 
through  the  courts  of  justice.  If  the  judge  had  been  em- 
powered to  contest  the  law  on  the  ground  of  theoretical 
generalities,  —  if  he  were  able  to  take  the  initiative,  and  to 
censure  the  legislator,  —  he  would  play  a  prominent  politi- 
cal part  ;  and  as  the  champion  or  the  antagonist  of  a  par^, 
he  would  have  hronght  the  hostile  passions  of  the  nati<Hi 
into  the  conflict.  But  when  a  judge  contests  a  law  in  an 
obscure  debate  on  some  particular  case,  the  importance  of 
his  attack  b  concealed  from  public  notice  ;  his  decision 
bears  upon  the  interest  of  an  individual,  and  the  law  is 
slighted  only  incidentally.  Moreover,  although  it  is  cen- 
sured, it  is  not  abolished  ;  its  moral  force  may  be  dimin- 
ished, but  its  authority  is  not  taken  away  ;  and  its  final 
destruction  can  be  accomplished  only  by  the  reit«rat«d 
attacks  of  judicial  functionaries.  It  will  be  seen,  also, 
that  by  leaving  it  to  private  interest  to  censure  the  kw, 
find  by  intimately  uniting  the  trial  of  the  law  with  the 


JUDICIAL  POWtB  IN   THE  UNITED  STATES.  126 

trial  of  an  individual,  legislation  is  protected  from  wanton 
BBsauIts,  and  from  the  daHj  i^gressions  of  party  spirit. 
The  errors  of  the  legislator  are  exposed  only  to  meet  t 
real  want  ;  and  it  is  always  a  positive  and  appreciable  feet 
which  must  serve  as  the  basis  of  a  prosecution. 

I  am  inclined  to  believe  this  practice  of  the  American 
coortfl  to  be  at  once  most  favorable  to  liberty  and  to  public 
order.  If  the  judge  could  only  attack  the  legislator  openly 
and  directly,  he  would  sometimes  be  afraid  to  oppose  bim  ; 
and  at  other  times,  party  spirit  might  encourage  him  to 
brave  it  at  every  turn.  The  laws  would  consequently  be 
attacked  when  the  power  from  which  they  emanated  was 
weak,  and  obeyed  when  it  was  strong  ;  —  that  is  to  say, 
when  it  would  be  useful  to  respect  tliem,  they  would  often 
be  contested  ;  and  when  it  would  be  easy  to  convert  them 
into  an  instrument  of  oppression,  they  would  be  respected. 
But  the  American  judge  is  brought  into  the  political  arena 
independently  of  his  own  will.  He  only  judges  the  law 
because  he  is  obliged  to  judge  a  case.  The  political  que^ 
tion  which  he  is  called  upon  to  resolve  is  connected  with 
the  interests  of  the  parties,  and  he  cannot  refuse  to  decide 
it  without  a  denial  of  justice.  He  performs  his  iiinctionB 
Bs  a  citizen,  by  fiilfilUng  the  precise  duties  which  belong  to 
his  profession  as  a  magistrate.  It  is  true  that,  upon  this 
system,  the  judicial  censorship  of  the  courts  of  justice 
over  the  legislature  cannot  extend  to  all  laws  indiscrimi- 
nately, inasmuch  as  some  of  them  can  never  give  rise  to 
tiiat  precise  species  of  contest  which  is  termed  a  lawsuit  ; 
and  even  when  such  a  contest  is  possible,  it  may  happen 
that  no  one  cares  to  bring  it  before  a  court  of  justice. 
The  Americans  have  often  felt  this  inconvenience  ;  but 
they  have  left  the  remedy  incomplete,  lest  they  should  give 
it  an  efEcacy  which  might  in  some  cases  prove  dangerous. 
Within  these  limits,  the  power  vested  in  the  Americut 
courts  of  justice,  of  pronouncing  a  statute  to  be  unconsti- 


DEUOCBAOT  IN  AllEfiltlA. 


tadonal,  forma  one  of  the  most  powerful  barrien  which 
has  ever  been  devised  against  the  tyranny  of  political  W: 
■emHies. 


OTHXB  FOWEBa    OKAMTED  TO    AHBBICAN  JIIDQB8. 

In  the  XToited  States,  all  the  CitiiEiu  ham  the  ^ht  of  indictiiig  tbs  Poblk 
Fnnciionariea  before  the  ordinuy  Tnbiuuli.  —  How  ibty  tue  tbii  RI|^ 
—  Art.  79  of  the  FicQch  ConititatiDn  of  the  Year  VIIL  —  The  Antri- 
caiu  and  the  £Dg[ish  cannot  andântaiid  the  Paiport  of  >****  Article. 

It  ia  hardlj  necessary  to  saj  that,  in  a  free  conntrj  lik* 
America,  all  the  citizens  have  the  right  of  indicting  pablie 
fimctionaries  before  the  ordinary  tribunals,  and  that  all  the 
judges  have  the  power  of  convicting  public  officers.  The 
right  granted  to  tlie  courts  of  justice  of  punishing  the 
agents  of  the  executive  government,  when  they  violate  the 
laws,  is  so  nalurdl  a  one,  that  it  cannot  be  looked  upon  as 
an  extraordinary  privilege.  Nor  do  the  springs  of  govern- 
ment appear  to  me  to  be  weakened  in  tlie  United  States, 
by  rendering  all  public  officers  responsible  to  the  tribunals. 
The  Americans  seem,  on  the  contrary,  to  have  increased 
by  this  means  that  respect  which  is  due  to  the  authorities, 
and  at  the  same  time,  to  have  made  these  authorities  more 
careful  not  to  offend.  I  was  struck  by  the  small  number 
of  political  trials  which  occur  in  the  United  States  ;  but  I 
had  no  difficulty  in  accounting  for  this  circumstance.  A 
prosecution,  of  whatever  nature  it  may  be,  is  always  a 
difficult  and  expensive  undertaking.  It  is  easy  to  attack 
a  public  man  in  the  journals,  but  tlie  motives  for  bringing 
him  before  the  tribunals  must  be  serious.  A  solid  ground 
of  complaint  must  exist,  before  any  one  thinks  of  prosecut- 
ing a  public  officer,  and  these  officers  are  careful  not  to 
furnish  such  grounds  of  complaint,  when  they  are  afraid  of 
being  prosecuted. 


JUDICIAL  POWES  IN  TER  DSITED  STATES.  181 

This  does  not  depend  npon  the  republican  form  of  Amer- 
ican institutions,  for  the  same  thing  happens  in  England. 
These  two  nations  do  not  regard  the  impeachment  of  the 
principal  officers  of  state  as  the  guaranty  of  their  indepen- 
dence. But  they  hold  that  it  is  rather  by  minor  prosecu- 
tions, which  the  humblest  citizen  can  institute  at  any  time, 
that  liberty  is  protected,  and  not  by  those  great  judicial 
procedures,  which  are  rarely  employed  until  it  is  too  late. 

In  the  Middle  Ages,  when  it  was  very  difficult  to  reach 
offenders,  the  Judges  inflicted  fiightful  punishments  on  the 
fijw  who  were  arrested  ;  but  this  did  not  diminish  the  num- 
ber of  crimes.  It  has  since  been  discovered  that,  when 
justice  is  more  certain  and  more  mild,  it  is  more  efEca- 
cious,  Tlie  English  and  the  Americans  hold  that  tyranny 
and  oppression  are  to  be  treated  like  any  other  crime,  by 
lessening  the  penalty  and  facilitating  conviction. 

In  the  year  VIII.  of  die  French  Republic,  a  constitution 
was  drawn  up  in  wMch  the  following  clause  was  intro- 
dticed  :  "  Art.  75.  All  the  agents  of  the  govermnent  below 
the  rank  of  ministers  can  be  prosecuted  for  offences  relating 
to  their  several  functions  only  by  virtue  of  a  decree  of  the 
Council  of  State  ;  in  which  case,  the  prosecution  takes 
place  before  the  ordinary  tribunals."  This  clause  survived 
the  "  Constitution  of  the  year  VIII.,"  and  is  still  maint^ed, 
m  spite  of  the  just  complaints  of  the  nation.  I  have  always 
foQod  a  difficulty  in  explaining  its  meaning  to  Englishmen 
or  Americans,  and  have  hardly  understood  it  myself.  They 
at  once  perceived  that,  the  Council  of  State  in  France 
being  a  great  tribunal  established  in  the  centre  of  the  king- 
dom, it  was  a  sort  of  tyranny  to  send  all  complainants 
before  it  as  a  preliminary  step.  Bnt  when  I  told  them 
tltat  the  Council  of  State  was  not  a  judicial  body,  in  the 
common  sense  of  the  term,  but  an  administrative  council 
composed  of  men  dependent  on  the  Crown, — so  that  the 
king,  after  having  ordered  one  of  his  servants,  called  % 


18S 


BtUOOUCT  »  AMBBIO*. 


Prefiwt,  to  commit  an  injuslic*,  has  the  power  of  com- 
muKling  anollii^r  of  liîs  sen-ants,  called  a  Couocillor  of 
State,  to  provwit  tlw  fonner  from  being  punished,  —  when 
I  sliowed  them,  tliat  the  citizen  who  has  been  injured  by  aa 
order  of  tlio  sovereign  is  obUgeii  to  ask  the  sovereign's  per- 
miiuittti  to  obtain  redress,  they  refused  to  credit  so  flagrant 
an  abnstf,  and  weru  tempted  to  accuse  me  of  falsehood  or 
ignoratice.  It  fKxiuently  happened,  before  the  Revolntion, 
tliat  a  I'arliiunvnt  *  issued  a  warrant  against  a  public  officer 
who  had  committed  an  oSence.  Sometimes  the  royal  aa* 
tlioiity  inlervenod,  and  quashed  the  proceedings.  Despoil 
iim  then  showed  itself  openly,  and  men  obeyed  it  only  by 
flubinittiiig  to  superior  force.  It  is  painfid  to  perceiv&how 
nnich  lower  we  are  sunk  than  our  forefathers  ;  smce  we 
allow  things  to  pass,  under  tlie  color  of  justice  and  the  sana- 
tion of  law,  which  Tiolence  alone  imposed  upon  them. 


I 


^  A  Aeacli  "  Piriûmont  " 


ft  Jodidil  bod;.— Am.  Bd. 


POLITICAL  JURISDICTION  IN   THE  UNITED  STATES.      tS$ 


CHAPTER   VII. 

POLITICAL  JUBISDICnON  IN  THE  UNITED  STATES. 

Definition  of  Political  Jorisdiction. — What  is  nndentood  hy  Political  Jmi»- 
diction  in  France,  in  England,  and  in  the  United  States. — In  America» 
the  Political  Judge  has  to  do  only  with  Public  Officers.  —  He  more  fre- 
quently decrees  Remoyal  from  Office  than  an  ordinary  Penalty.  —  Polit- 
ical Jurisdiction  as  it  exists  in  the  United  States  is,  notwithstanding  its 
Mildness,  and  perhaps  in  Consequence  of  that  Mildness,  a  most  Power- 
ful Instrument  in  the  Hands  of  the  Majority. 

I  UNDERSTAND  by  political  jurisdiction,  that  tem- 
porary right   of   pronouncing  a  legal    decision  with 
which  a  political  body  may  be  invested. 

In  absolute  governments,  it  is  useless  to  introduce  any 
extraordinary  forms  of  procedure;  the  pirince,  in  whose 
name  an  offender  is  prosecuted,  is  as  much  the  sovereign 
of  the  courts  of  justice  as  of  everything  else,  and  the  idea 
which  is  entertained  of  his  power  is  of  itself  a  sufficient 
security.  The  only  thing  he  has  to  fear  is,  that  the  ex- 
ternal formalities  of  justice  should  be  neglected,  and  that 
his  authority  should  be  dishonored,  from  a  wish  to 
strengthen  it.  But  in  most  free  countries,  in  which  the 
majority  can  never  have  the  same  influence  over  the  tri- 
bunals as  an  absolute  monarch,  the  judicial  power  has 
occasionally  been  vested  for  a  time  in  the  representatives 
of  the  people.  It  has  been  thought  better  to  introduce  a 
temporary  confiision  between  the  functions  of  the  different 
authorities,  than  to  violate  the  necessary  principle  of  the 
unity  of  government. 

England,  France,  and  the  United  States  have  established 


tliev  do  not  habitually  try  all  political  offences,  tli 
[■oinpctent  to  try  thorn  all.  Another  political  body  1 
ri^'ht  of  bringing  the  accusation  before  tlie  Peers:  tl 
dirterence  which  exists  between  the  two  countries 
pespect  ia,  that  in  England  the  Commons  may  in 
whomsoever  they  please  before  the  Lords,  wlii 
France,  the  Deputies  can  only  employ  this  mode  oi 
edition  against  tlie  ministers  of  the  Crown.  Ir 
coimtiies,  tlie  Upper  House  may  make  use  of  all  t 
isting  penal  laws  of  tlie  nation  to  punish  the  detinque 

In  the  United  States,  as  well  as  in  Europe,  one  1 
of  the  legislature  is  authorized  to  impeach,  and  the  ol 
judge  :  the  House  of  Représentatives  arraigns  the  oft 
and  the  Senate  punishes  him.  But  the  Senate  cai 
try  such  persons  as  are  brought  before  it  by  the  Hw 
Representatives,  and  tliose  persons  must  lielong  t 
class  of  public  fiinetionaries.  Thus  the  jurisdiction 
Senate  is  less  extensive  than  that  of  the  Peers  of  F 
whilst  the  right  of  impeachment  by  the  Représentât; 
more  general  than  that  of  the  Deputies.  But  the 
difference  which  exists  between  Europe  and  Ameri 
tiiat,  in  Europe,  the  political  tribunals  can  apply  a 

ttctments  of  the  penal  code,  whilst  in  America, 


FOuncAL  JumsDionoN  in  the  .mnrED  states.    18S 

grades  him  from  office  ;  he  must  then  he  tried  by  a  juiy, 
which  alone  can  deprive  him  of  Kherty  or  life.  This  afr 
curately  illustrates  the  suhject  we  are  treating.  The  poliU 
ical  jurisdiction  which  is  established  by  the  laws  of  Europe 
is  intended  to  reach  great  ofiendera,  whatever  may  be  their 
birth,  their  rank,  or  their  power  in  the  State  ;  and  to  this 
end,  all  the  privileges  of  a  court  of  justice  are  temporarily 
given  to  a  great  political  assembly.  The  legislator  is  then 
transformed  into  a  magistrate  ;  he  ia  called  upon  to  prove, 
to  classify,  and  to  punish  tbe  offence  ;  and  as  he  exercises 
all  the  authority  of  a  judge,  the  law  imposes  upon  him  all 
the  duties  of  that  Iiigb  office,  and  re^^uirea  all  tbe  formal- 
ities of  justice,  Wlien  a  public  fiinctionaiy  is  impeached 
before  an  English  or  a  French  political  tribunal,  and  is 
found  guilty,  the  sentence  deprives  him  ipso  facto  of  his 
flmctions,  and  may  pronounce  him  incapable  of  resuming 
them  or  any  others  for  the  fiiture.  But  in  this  case,  the 
political  interdict  is  a  consequence  of  the  sentence,  and  not 
the  sentence  itself.  In  Europe,  then,  the  sentence  of  a 
political  tribunal  is  a  judicial  verdict,  rather  than  an  ad- 
ministrative measure.  In  the  United  States,  the  contrary 
takes  place  ;  and  although  the  decision  of  the  Senate  is 
judicial  in  its  form,  since  the  Senators  are  obliged  to  com- 
ply with  tbe  rules  and  formalities  of  a  court  of  justice  ; 
although  it  is  judicial,  also,  in  respect  to  the  motives  on 
which  it  is  founded,  since  the  Senate  is  generally  obliged 
to  take  an  offence  at  common  law  as  the  basis  of  its  sen- 
tence ;  yet  the  political  judgment  is  rather  an  administra: 
tive  than  a  judicial  act.  If  it  had  been  tbe  intention  of 
the  American  legislator  really  to  invest  a  political  body 
with  great  judicial  authority,  its  action  would  not  have 
been  limited  to  public  fimctionaries,  since  the  most  danger^ 
ous  enemies  of  the  state  may  not  have  any  public  functions  ; 
and  this  ia  especially  true  in  republics,  where  party  influ- 
ence has  the  most  force,  and  where  the  strengtli  of  many 
ft  leader  is  increased  by  his  exercising  no  le^timate  ^<M«t. 


^S»  •BIOCRACT  m  AMEBICA. 

T,  *V  Vutarrictta  W^nsUtor  had  wished  to  give  eociety 
•#(»*)    -tv  luuiuu  w»"  previMiting  great  offences  by  the  fear  of 

StH^utuiuiiL.  «.^.-ording  to  the  practice  of  ordinaiy  justice, 
I  iJi..'  i\>»iui>»  of  the  penal  code  would  have  been  given 
V»  i-lio  iKtUtk-iil  tribunals.  But  lie  gave  them  only  an 
*Hh.i»txt,  w^^poD,  wbich  can  never  reach  the  most  dan- 
l^iviiA  oll'«itdors  ;  ^ce  men  who  aim  at  the  entire  snl^ 
*Jt*ion  «t'  th©  laws  are  not  likely  to  murmur  at  a  political 

1  ue  mam  object  of  the  political  jurisdiction  which  ob- 
**i»»  in  the  United  States  is,  tlierefore,  to  take  away  the 
Pwwvr  from  bim  who  would  make  a  bad  use  of  it,  and  pre- 
sent him  from  ever  acquiring  it  again.  This  is  e^-idenlJy 
•»  rtd.iHinstrativ.j  mranire,  sanctioned  by  i!r'  tonnalities 
0«  8  judicial  decision.  In  this  matter,  the  Americana  hava 
^'^•tod  a  mixed  system  ;  they  have  surrounded  the  act 
which  removes  a  public  fimctlonary  with  all  the  securities 
«  a  political  trial,  and  they  have  deprived  political  con- 
«eninations  of  their  severest  penalties.  Every  link  of  the 
•ystem  may  easily  be  traced  from  this  point  ;  we  at  once 
perceive  why  the  American  constitutions  subject  all  the 
civil  fonctionaries  to  the  jurisdiction  of  the  Senate,  wliilst 
the  military,  whose  crimes  are  nevertheless  more  formi- 
a*ble,  are  exempted  from  that  tribunal.  In  the  civil  ser- 
vice, none  of  the  American  funcdonariea  can  be  said  to  bo 
removable  ;  the  places  which  some  of  them  occupy  are 
inalienable,  and  the  others  are  chosen  for  a  term  wbich 
cannot  be  shortened.*  It  is,  therefore,  necessary  to  try 
them  all  in  order  to  deprive  them  of  their  authority.  But 
military  officers  are  dependent  on  the  chief  magistrate  of 

*  Thii  it  »  gntX  miatake.     In  no  eoantrj  in  the  world  do  riril  ofGcen 

hold  tbcdr  poati  bj  so  short  and  uncertuD  a  tennre  as  in  tho  Vnilcd  Stales. 

XU»  i»  tnu  both  of  the  FedenJ  and  tho  Slate  goveraments,  rotation  in  office 

itàna  now  held  op  (BUkI;  aod  ituoriotul;,  aa  we  bclieve)  to  be  a  republican 

Je.     Every  change  of  adminiatraljoo,  every  election  of  a  new  Gotot 

—  Preaideat,  lead*  to  the  appoinlmeot  of  a  new  «et  of  officerv 


POLITICAL   JUBISDICTION  IN  THE  UNITED  STATES.     137 

the  State,  who  is  himself  a  civil  fimctionary  ;  and  the  de- 
cision which  condemns  him  is  a  blow  upon  them  all. 

If  we  now  compare  the  American  and  the  European 
systems,  we  shall  meet  with  differences  no  less  striking  in 
the  effects  which  each  of  them  produces  or  may  produce. 
In  France  and  England,  the  jurisdiction  of  political  bodies 
is  looked  upon  as  an  extraordinary  resource,  which  is  only 
to  be  employed  in  order  to  rescue  society  from  unwonted 
dangers.  It  is  not  to  be  denied  that  these  tribunab,  as  they 
are  constituted  in  Europe,  violate  the  conservative  principle 
of  the  division  of  powers  in  the  state,  and  threaten  inces- 
santly the  lives  and  liberties  of  the  subject.  The  same 
political  jurisdiction  in  the  United  States  is  only  indirectly 
hostile  to  the  division  of  powers  ;  it  cannot  menace  the 
lives  of  the  citizens,  and  it  does  not  hover,  as  in  Europe, 
over  the  heads  of  the  whole  community,  since  it  reaches 
those  only  who  have  voluntarily  submitted  to  its  authority 
by  accepting  office.  It  is,  at  the  same  time,  less  formidable 
and  less  efficacious  ;  indeed,  it  has  not  been  considered  by 
the  legislators  of  the  United  States  as  an  extreme  remedy 
for  the  more  violent  evils  of  society,  but  as  an  ordinary 
means  of  government.  In  this  respect,  it  "probably  exercises 
more  real  influence  on  the  social  body  in  America  than  in 
Europe.  We  must  not  be  misled  by  the  apparent  mildness 
of  American  legislation  in  all  that  relates  to  political  juris- 
diction. It  is  to  be  observed,  in  the  first  place,  that  in  the 
United  States,  the  tribunal  which  passes  judgment  is  com- 
posed of  the  same  elements,  and  subject  to  the  same  in- 
fluences, as  the  body  which  impeaches  the  offender,  and 
that  this  gives  an  almost  irresistible  impulse  to  the  vin- 

down  eren  to  the  lowest  clerks  in  the  several  departments.  The  country 
thos  loses  all  the  benefit  of  experience  in  the  conduct  of  its  affairs,  the  of- 
fices being  all  held  at  any  one  time  by  a  set  of  raw  hands.  The  only  ex- 
ception is  in  the  case  of  the  Judges  of  the  Supreme  Court,  who  are  now 
the  only  functionaries  that  cannot  be  remoyed  except  by  impeachment  — 
Ed. 


188  DEUOCRACT  IN  AUEBICA. 

dictive  passions  of  parties.  If  political  judges  in  the  United 
States  cannot  infiict  so  heavy  penalties  as  those  in  Ear(^)e, 
there  is  the  less  chance  of  their  acquitting  an  offender  ;  the 
conviction,  if  it  is  less  formidable,  is  more  certain.  The 
principal  object  of  tbe  political  tribunals  of  Europe  is  to 
punish  the  offender  ;  of  those  in  America,  to  deprive  him 
of  his  power.  A  political  sentence  in  the  United  Statei 
may,  therefore,  he  looked  npon  as  a  preventive  meaanre  ; 
and  there  is  no  reason  for  tying  down  the  judges  to  tbe 
exact  definitions  of  criminal  latr.  Nothing  can  be  mora 
alarming  than  the  vagueness  with  which  political  oSences* 
properly  so  called,  are  described  in  the  laws  of  America. 
Article  II.  Section  4  of  the  Constitution  of  the  United 
States  runs  thus  :  —  "  The  President,  Vice-President,  and 
all  civil  ofBcers  of  the  United  States,  shall  be  removed  from 
office  on  impeachment  for,  and  conviction  of,  treason,  brib- 
ery, or  other  high  crimes  and  misdemeanors."  Many  of  the 
constitutions  of  the  States  are  even  less  explicit.  "  Public 
officers,"  says  the  Constitution  of  Maasachusetta,  "  shall  bo 
impeached  for  misconduct  or  maladministration."  The 
Constitution  of  Virginia  declares  that  *'  all  the  ci\'U  ofBcers 
who  shall  have  offended  against  tlie  State  by  maladminis- 
tration, corruption,  or  other  high  crimes,  may  be  impeached 
by  the  House  of  Delegates."  In  some  of  the  States,  the 
constitutions  do  not  specify  any  offences,  in  order  to  sul> 
ject  the  public  functionaries  to  an  unlimited  responsibility.* 
I  venture  to  affirm,  that  it  is  precisely  their  mildness  which 
renders  the  American  laws  so  formidable  in  this  respect. 
We  have  shown  that,  in  Europe,  the  removal  of  a  function- 
ary and  his  political  disqualification  are  tlie  consequences  of 
the  penalty  he  is  to  undergo,  and  that.  In  America,  they 
constitute  the  penalty  itself.  The  consequence  is,  tlmt  in 
Europe,  political  tribunals  are  invested  with  terrible  powers 
which  they  arc  afraid  to  use,  and  tlie  fear  of  punishing  too 

*  S«e  the  ConsdtutioDi  of  Illinois,  Maine,  Connecticat,  Kod  Gwq^ 


POLmCAL  JUMSDIcnON  IN  THE  DMITED  STATES.      189 

mnch  binders  tliero  from  punishing  at  all.  But  in  Amer- 
ica, no  one  hesitates  to  inflict  a  penalty  from  which  human- 
ity does  not  recoil.  To  condemn  a  political  opponent  to 
death,  in  order  to  deprive  liiro  of  his  power,  is  to  commit 
what  all  the  world  would  execrate  as  a  horrible  assassina- 
tion; but  to  declare  that  opponent  unworthy  to  exercise 
that  authority,  and  to  deprive  him  of  it,  leaving  him  un- 
injured in  life  and  limb,  may  seem  to.be  the  fair  issue  of 
the  struggle.  But  this  sentence,  which  it  is  so  easy  to 
pronounce,  is  not  the  less  fatally  severe  to  most  of  those 
npon  whom  it  is  inflicted.  Great  criminals  may  undoubt- 
edly brave  ita  vain  rigor  ;  but  ordinary  oâènders  will  dread 
it  as  a  condemnation  which  destroys  their  position  in  the 
world,  casts  a  blight  upon  their  honor,  and  condemns  them 
to  a  shameful  inactivity  worse  than  death.  The  influence 
exercised  in  the  United  States  upon  the  progress  of  society 
by  the  jurisdiction  of  political  bodies  is  the  more  powerful 
in  proportion  as  it  seems  less  frightful.  It  does  not  directly 
coerce  the  subject,  but  it  renders  the  majority  more  abso- 
lute over  those  in  power  ;  it  does  not  give  an  unbounded 
authority  to  the  legislature  which  can  only  be  exerted  at 
some  great  crisis,  but  it  establishes  a  temperate  and  regular 
infhience,  which  b  at  all  times  available.  If  the  power  is 
decreased,  it  can,  on  the  other  hand,  be  more  convenientty 
employed,  and  more  easily  abused.  By  preventing  political 
tribunals  from  inflicting  judicial  punishments,  the  Americans 
seem  to  have  eluded  the  worst  consequences  of  legislative 
tyranny,  rather  than  tyranny  itself;  and  I  am  not  sure 
that  political  jurisdiction,  as  it  is  constituted  in  the  United 
States,  is  not,  all  things  considered,  the  most  formidable 
weapon  which  has  ever  been  placed  in  the  grasp  of  a  ma- 
jority. When  tfie  American  republics  begin  to  degenerate, 
it  will  be  easy  to  verify  the  truth  of  this  observation,  by 
remarking  whether  the  nnmber  of  political  impeachments 
is  increased.* 


""ArijiiK    VIII. 

THE    FEDEEAL    COXSTITOTIOX 

J  «AVE  hitherto  comideml  each  Stata  m 
JL  whnlc,  and  have  e.xpldnrf  the  different  ,» 
th«  poop  e  there  put  in  „«;„„,  „„a  ^^  j^j.J, 

""•'"  "'"'■''  "  ^Pl»)^-  But  dl  the  State,  w 
ton.,dered  aa  independent  a,,  j-et  forced  to  ,ub 
tam  cue»,  to  the  «npreme  authority  of  the  Ui 
urao  ].  now  come  to  examine  the  portion  of, 
■"lueli  has  been  granted  lo  the  Union,  and  to  < 
etoce  over  the  Federal  Constitution. 

HisroK  op  rm  pedbiial  consTrrano 
«Wgla  «r  ths  Ita.  Umoa.  _  In  Wak.^.  _  a.^^^  „^, 
«.m  i»ihorio,._L,ttTOl  of  no  Ym,  hit,™.  ,hù  a 
FroraolgadoD  of  (he  new  Conslilnlion. 

Thi  thirteen  Colonies,  which  simultaneously 
the  yoke  of  England  towards  the  end  of  the  lai 
iMcI,  «s  I  have  already  said,  the  sune  religion, 
■""■age,  the  same  cnstoms,  and  almost  the  « 


THE  FEDEEAL  CONSTnnTION.  141 

vidoal  importance  of  each  m  the  general  importance  of  alL 
Hence  arose  two  opposite  tendencies,  —  the  one  prompting 
the  Anglo-Americana  to  unite,  the  other  to  divide,  their 
strength. 

As  long  as  the  war  with  the  mother  country  lasted,  the 
principle  of  union  was  kept  aUve  by  necessity  ;  and  al- 
though the  laws  which  constituted  it  were  defective,  the 
common  tie  subsisted  in  spite  of  thdr  imperfections.*  Bat 
no  sooner  was  peace  concluded,  than  the  &ults  of  this  legis- 
lation became  manifest,  and  the  state  seemed  to  be  siuU 
deniy  dissolved.  Each  Colony  became  an  independent  r^ 
pnbhc,  and  assumed  an  absolute  sovereign^.  The  Federal 
government,  condemned  to  impotence  by  its  Constitution, 
and  no  longer  sustained  by  the  presence  of  a  common  dan- 
ger, witnessed  the  outrages  offered  to  it»  flag  by  the  great 
nations  of  Europe,  whilst  it  was  scarcely  able  to  maint^n 
its  ground  against  the  Indian  tribes,  and  to  pay  the  interest 
of  the  debt  which  had  been  contracted  during  the  war  of 
independence.  It  was  already  on  the  verge  of  destruction-, 
when  it  ofHcially  proclaimed  its  inability  to  conduct  the 
government,  and  appealed  to  the  constituent  authority. f 

If  America  ever  approached  (for  however  brief  a  time) 
that  lofVy  pinnacle  of  glory  to  which  the  proud  ima^nation 
of  its  inhabitants  is  wont  to  point,  it  was  at  thb  solemn 
moment,  when  the  national  power  abdicated,  as  it  were,  its 
authority.  All  ages  have  furnished  the  spectacle  of  a  peo- 
ple struggling  with  energy  to  win  its  independence  ;  and 
the  efforts  of  the  Americans  in  throwing  off  the  English 
yoke  have  been  considerably  exaggerated.     Separated  &om 

•  See  the  Articles  of  the  firat  Confederation,  formed  in  1778.  Thia  Co»- 
ititatioti  wu  not  ndopted  by  «11  the  Slatea  nntil  1T8I.  See  also  the  biuIt^ 
(ia  given  of  this  Conatitation  in  the  FedcraJist,  ftvm  No.  IS  to  No.  2!  ind» 
give,  and  Stoiy'a  ''  Commentariea  on  the  Coiutitniion  of  the  United  Biatei," 
pp.  BS-IIS. 

t  CongHM  mads  this  dedarKion  on  tbe  Slit  of  Febnui/,  1787. 


W8  DEaocBAcr  ra  amemoa.         ^^^^^" 

wwr  eoemies  by  three  thousand  miles  of  ocean,  and  backed 
by  a  poweiftil.  ally,  the  United  States  owed  their  victory 
much  mora  to  their  geographical  position  than  to  the  valor 
of  their  anniea  or  the  patriotism  of  tlieir  citizens.  It  would 
be  ridiculous  to  compare  the  American  war  to  the  wars  of 
the  French  Révolution,  or  tlie  cffisti  of  tfaa  AnMXicau  to 
tliose  of  the  French,  when  Frmce,  attadcad  bjr  dw  wliole 
(^  Europe,  without  nuney,  vithout  credit,  vîâitmt  alUtf, 
threw  forward  a  twentieth  put  of  ber  population  to  meet 
her  enemies,  and  with  one  bond  earned  the  torch  of  rero- 
Intion  beyond  the  frtrntien,  wUkt  ahe  stifled  -mÛi  the  oAv 
a  Same  that  was  devoaring  the  coanti7  within.  But  it  it 
new  in  the  history  of  sod^,  to  ne  a  gnat  pec^  toOL» 
calm  and  scmtinimng  eye  upon  itself,  when  ^)prised  by  1^ 
legislature  that  the  wheels  of  its  government  are  stopped,- 
•^  to  see  it  carefully  examine  the  extent  of  the  evil,  and 
patiently  wait  two  whole  years  until  a  remedy  is  discov- 
t^eà,  to  which  it  voluntarily  submitted  without  its  costing 
a  tear  or  a  drop  of  blood  from  mankind. 

When  the  inadequacy  of  the  first  constitution  was  dis- 
covered, America  Iwd  the  double  advantage  of  that  calm 
which  bad  succeeded  the  effervescence  of  the  RevolntioD, 
and  of  the  tud  of  diose  great  men  whom  the  Revoludon 
had  created.  The  assembly  which  accepted  the  task  of 
composing  the  second  constitution  was  small  ;  *  but  George 
Washington  was  its  President,  and  it  cont^ned  the  finest 
minds  and  the  noblest  characters  which  had  ever  appeared 
in  the  New  World.  This  national  Convention,  after  long 
and  mature  deliberation,  offered  to  the  acceptance  of  the 
people  the  body  of  general  laws  which  still  rules  the  Union. 
All  the  States  adopted  it  successively.'!-     The  new  Federal 

*  It  coniUted  of  Qftj-flre  membtre;  Waibington,  Maditoa,  HtunilKm, 
and  the  two  Mornjes  irere  oiiuingat  the  number. 

t  It  WM  not  adopted  by  the  legisIntÏTe  bodies,  but  reprewntadTea  wen 
llKtad  bj  the  people  for  this  lole  porpoie  ;  «nd  the  new  Cooititntioii  wh 
CKBMod  U  leuKth  in  tteh  of  ituM  UMmblie*. 


THE  FEDEBAL   COKSTITUTIOH.  148 

gorenunent  commenced  its  functions  in  1789,  after  an 
interregnum  of  two  years.  The  RevolaUoa  of  America 
terminated  precisely  when  that  of  France  b^an. 


SUHMABT   OF   THE    FEDESAL  CONffTinniOK. 

DivùioD  of  Authority  betweea  the  Fsdersl  Goremmeiit  uid  the  SUtM.  — 
The  GoTerùment  of  tho  StaUa  iï  the  Bule,  the  Fedenl  GoTenuneiit 
d»  Exception. 

The  first  question  which  awaited  the  Americans  was,  so 
to  divide  the  sovereignty  that  each  of  the  différent  States 
which  composed  the  Union  should  continue  to  goTem 
itself  in  all  that  concerned  its  internal  prosperity,  whilst 
the  entire  nation,  represented  by  the  Union,  should  con- 
tinue to  form  a.  compact  body,  and  to  provide  for  all  gen- 
eral engencies.  The  problem  was  a  complex  and  difficult 
one.  It  was  as  impossible  to  determine  beforehand,  with 
any  degree  of  accuracy,  the  share  of  authority  which  each 
of  the  two  governments  was  to  enjoy,  as  to  foresee  all  the 
incidents  in  the  life  of  a  nation. 

The  obligations  and  the  cl^ms  of  the  Federal  govern- 
ment were  simple  and  easily  definable,  because  tlie  Union 
had  been  formed  with  the  express  purpose  of  meeting  cer- 
tain great  general  wants  ;  but  the  clmms  and  obligations  of 
the  individual  States,  on  the  other  hand,  were  complicated 
and  various,  because  their  government  had  penetrated  into 
all  the  details  of  social  Hfe.  The  attributes  of  the  Federal 
government  were  therefore  carrfully  defiued,  and  all  that 
was  not  included  among  them  was  declared  to  remain  to 
the  governments  of  the  several  States,  Thus  the  gov- 
ernment of  the  States  remaned  the  rule,  and  that  of  the 
Confederation  was  the  exception.* 

*  It  U  to  be  observed,  that,  «henerer  the  eztiusive  right  of  regatating  cer- 
tdn  mattera  ii  not  reBcired  to  CongnM  by  the  Cooidtutioii,  the  StaM  nwf 


144  nOfOCBACT   n  AHmCA. 

But  as  il  vra.1  foreseen  thai,  in  practice,  quvslions 
crÙK>  M  to  iko  exact  timiis  of  this  excepdiinul  nutbority, 
auil  it  would  bo  ilangWDDs  to  snbcnit  thwe  «taesliims  lo  th« 
(iM-i-iiun  of  tho  onlliuuy  cootla  of  justice,  eaulili^lRHl  in  the 
diK^mnt  Stxtiis  by  the  StatM  tbctOMlv-cs,  a  hig'li  Federal 
court  «u  civated,*  ot»e  of  vbow  dnties  was  to  nuuntiuii 
the  balance  of  power  betwvea  the  two  rival  governmeDtB. 
■s  it  had  been  ninHJihnii  Igr  aie  Coutttutton.f 


Fowzaa  or  VB  nPNUt.  i 


»,  «id  IsTYini;  Geitrnil  Tmea 
~Wtm  Van  of  ilic  Inu^ranl  I'olicj  of  ths 
7  k  *Ki  •Uthi.  —  TV  Guri'ninitiil  of  Ûia  Union  in  sumo  Re- 
ipMkaMtaHMkNi  Ai>  tta  Eiiig'*  GoTenuneat  in  tha  old  Fttadi 

Tnspaopit*  in  thianwht-»  are  only  individuals  ;  and  the 
^wtsl  TWEEOti  why  thtTT  nc«d  to  be  united  under  one  gov- 
•■■■Ml  ik  that  they  uutv  appear  to  advantage  before  for- 
«ipBBB,.    Iha  •xduu^'c  right  of  making  peace  and  war,  of 

.\>iu.i««i  tea  fit  to  tike  np  the  aflur.     For 

.1  o(  making  a  geneist  law  on  bankrapKj, 

^a  >^-i>  1»  <K<      Each  Sute  ii  then  at  liberty  to  make 

I'hii  )u>iT)t,  luxreroT,  hai  been  eitablialicd  oui;  aftra 

s  nMHM.  aii'1  iiin;  be  laid  to  belong  more  pioperij  to 

.n/  Ifcta  niiii-1  «■  liiillnct,  as  we  shall  hcresfter  show. 

I  th«  Kiiliu^liit,  So.  45,  explains  this  diviùon  of  sonr- 

I'uii'ii  aixl  ill'!  States  ;  "  The  power»  det^atod  bj  the 

inMlrnl  1,1  ivcrn  went  ate  few  and  defined.     Tbote  vUi^ 

inmeroni  and  IndeGnite.    IV 

external  objects,  as  war,  peace,  aego- 

power»  reserved  to  the  several  StaM 

1^1  Am  iil>,ii''-(i  wlilrh.  In  the  Ordinary  coiuw  of  aflâîrs,  coneetn 

■Bit  iinwj-ority  of  lite  Stale." 

qtiote  the  Federalist  in  this  worïc    Whm 


1 


THE  FEDEBAL  COHSTITUTIOIf.  145 

concluding  treaties  of  commerce,  raising  armies,  and  equip- 
ping fleets,  was  therefore  granted  to  the  Union.  The  no- 
cessity  of  a  national  government  was  less  imperiously  felt 
in  the  conduct  of  the  internal  atlairs  of  society  ;  hut  there 
are  certain  general  interests  which  can  only  be  attended  to 
with  advantage  by  a  general  authority.  The  Union  was 
invested  with  the  power  of  controlling  the  monetary  sys- 
tem, carrying  the  mails,  and  opening  the  great  roads  which 
were  to  unite  the  different  parts  of  the  country.*  The 
independence  of  the  government  of  each  State  in  its 
sphere  was  recognized  ;  yet  the  Federal  government  was 
authorized  to  interfere  in  the  internal  affairs  of  the  States  f 
in  a  few  predetermined  cases,  in  which  an  indiscreet  use  of 
their  independence  might  compromise  the  safety  of  the 
whole  Union.  Thus,  whilst  the  power  of  modifying  and 
changing  their  legislation  at  pleasure  was  preserved  to  each 
of  the  confederate  republics,  tliey  are  forbidden  to  enact 
tx-poat-fado  laws,  or  to  grant  any  titles  of  nobility. 
Losdy,  as  it  was  necessary  that  the  Federal  government 
should  be  able  to  fulfil  its  engagements,  it  has  an  unlim- 
ited power  of  levying  taxes. 

In  examining  the  division  of  powers,  as  established  by 

the  bill,  which  haa  siacs  become  the  CooatitntloD  of  the  United  State*,  wm 
bcAire  the  people,  and  the  discaesiona  were  (till  pending,  tlirco  men,  who  had 
àbtBàj  acquired  a  portion  (^  that  celebrity  which  (hej  have  since  enj07«d, 
— John  Jaf ,  Hamilton,  MadisOD,  — oudertook  togethEt  to  explain  to  tho  na- 
tion the  odrantaf^  of  ttie  meaanre  which  vas  propoaed.  With  this  view, 
the;  published  in  a  journal  a  wries  of  aniclea,  which  now  form  a  complete 
treatise.  Thej  entitled  their  joomal  "  The  Federalist,"  a  name  which  h«« 
been  retained  in  tho  work.  The  Fedenlist  is  an  excellent  book,  which  ought 
W  be  familiar  to  tho  etateamen  of  all  countiie*,  though  it  ipociallf  coneemi 
America. 

•  Savcrsl  other  powers  of  the  soiae  kind  exist,  such  ai  that  of  legtslaling 
on  bankruptcy,  and  j^nting  patenta.  The  neceasit;  of  confiding  such  mat- 
ten  to  the  Fedcrul  government  is  obvious  enotigh- 

t  Even  in  these  casei,  its  intcrfbnmee  is  indirect.  The  Dnion  ioMiftcM 
bj  lacaiu  of  the  tribnnals,  as  will  b«  bereaftir  shown. 


146  I»CMOOBAoy  IN  AXEfttCA. 

the  Federal  Constitution,  remarking  on  the  one  linnH  the 
portion  of  sovereignty  wliich  bag  been  reserved  to  tlie  hov- 
eral  States,  and  on  the  other,  tbe  share  of  power  which  has 
been  ^ven  to  tbe  Union,  it  is  evident  that  the  Fedora] 
legislators  entertained  very  clear  and  accurate  notions  re- 
specting the  centralization  of  government.  The  United 
States  form  not  only  a  republic,  but  a  confederation  ;  yet 
the  national  authority  is  more  centrali7/KÎ  there  than  it 
was  in  several  of  the  absolute  monarchies  of  Europe.  I 
will  cite  only  two  examples. 

Thirteen  supreme  courts  of  justice  existed  in  France, 
wldch,  generally  speaking,  had  the  right  of  Interpreting 
the  law  witliout  appeal  ;  and  those  provinces  which  were 
B^led  pay»  iTjEtat  were  authorized  to  refuse  thrâr  assent 
to  an  mipost  which  had  been  levied  by  the  sovereign,  who 
represented  the  nation. 

In  tbe  Union,  there  is  bnt  one  tribunal  to  interpret,  as 
there  is  one  legislature  to  make,  the  laws  ;  and  an  impost 
voted  by  the  representatives  of  the  nation  is  binding  upon 
all  the  citizens.  In  these  two  essential  points,  therefore, 
the  Union  is  more  centralized  than  the  French  monarchy, 
although  the  Union  is  only  an  assemblage  of  confederate 
republics. 

In  Spmn,  certain  provinces  had  the  right  of  establishing 
a  system  of  custom-house  duties  pecuLar  to  themselves, 
tdthongh  that  privil^;e  belongs,  by  its  very  nature,  to  the 
national  sovereignty.  In  America,  Congress  alone  has  the 
right  of  regulating  the  commercial  relations  of  the  States 
with  each  other.  The  government  of  the  confederation  is 
therefore  more  centralized  in  this  respect  than  the  kingdom 
of  Spain.  It  is  true,  that  the  power  of  the  crown  in 
France  or  Spain  was  always  able  to  obtain  by  force  what- 
ever the  constitution  of  the  country  denied,  and  that  the 
ultimate  result  was  consequently  the  same  ;  but  I  am  here 
discussing  the  theory  of  the  constitution. 


THE   FEDEBAl  COHSTllUnOH.  !M7 

After  luTmg  settled  the  limits  within  which  the  Fed- 
eral gOTemment  was  to  act,  the  next  point  was  to  detes<- 
mine  how  it  should  be  pnt  in  action. 

LEGISLATIVE   POWERS   OP  THE   PEDEKAL  GOTBBSMEHT. 

DiTis[on  of  die  LegiaUtÎTe  Body  into  Two  Branches.  —  Diflbrence  in  Iha 
Mtumer  of  forming  the  Two  Honwi.  —  Thi  Principle  of  the  lodepo- 
dence  of  ihe  States  predonunatee  In  tlie  Formation  of  the  Senate.  — 
That  ot  tbe  SoTereigaty  of  the  Nation  in  the  Composition  of  the  Honir 
of  BepresenlatiTCB.  —  Singular  Effect  of  the  Fact  that  a  Constltailon 
can  be  Logical  onlf  when  the  Nation  ia  Young. 

The  plait  which  had  been  laid  down  beforehand  in  the 
constitutions  of  the  several  States  was  followed,  in  manj 
respects,  in  the  organization  of  the  powers  of  the  Union. 
The  Federal  legislature  of  the  Union  was  composed  of  a 
Senate  and  a  House  of  Representatives.  A  spirit  of  com- 
promise caused  these  two  assemblies  to  be  constituted  on 
different  principles.  I  have  already  shown  that  two  inters 
ests  were  opposed  to  each  other  in  the  establishment  of 
die  Federal  Constitution.  These  two  interests  had  given 
rise  to  two  opinions.  It  was  the  wish  of  one  party  to 
convert  the  Union  into  a  league  of  independent  States, 
or  a  sort  of  congress,  at  which  the  representatives  of  the 
several  nations  would  meet  to  discuss  certain  points  of 
common  interest.  The  other  party  desired  to  unite  the  io- 
habitants  of  the  American  Colonies  into  one  and  the  same 
people,  and  to  establish  a  government,  which  should  act  as 
the  sole  representative  of  the  nation,  although  in  a  limited 
sphere.  The  practical  consequences  of  these  two  theories 
were  very  different. 

If  the  object  was,  that  a  league  should  bo  establi 
instead  of  a  national  government,  then  the  majority 
the  States,  instead  of  the  majority  of  the  inhabitants 
the  Union,  would  make  the  laws  :  for  every  Statv, 


rfl 

"M 


248  DEHOOiAOT  nr  lunoi. 

OF  smsll,  would  then  Eflmain  in  foil  indcpeadaiM,  uid 
enter  the  UnioB  upon  a  fbotmg  of  periect  eqiulitf .  1^ 
however,  the  inhabitants  of  the  United  Statec  won  to  bs 
considered  as  belonging  to  one  and  the  same  nation,  it 
would  be  natural  tliat  &e  m^ori^  of  tibe  dtizeiu  of  the 
Union  should  make  the  law.  Of  coarse,  the  lener  Statea 
could  not  subscribe  to  the  aj^cation  of  this  doctrina  with- 
out, in  Ëict,  abdicating  their  tnimt^mt^  in  respect  to  the 
sovereignty  of  the  Cmi&dentimi  ;  once  the^  wmld  cease 
to  be  a  co-cqnal  and  co^uitftoritatÎTe  power,  and  become  an 
insignificant  fraction  of  a  great  people.  Hie  îonoee  sys- 
tem would  have  invested  them  with  excessive  aalhori^, 
the  latt«r  would  have  destroyed  their  influence  altogether. 
Under  these  circumstances,  the  result  was,  that  the  rules 
of  lo^c  were  broken,  as  is  usually  the  case  when  interests 
are  opposed  to  arguments.  A  middle  course  was  hit  upon 
by  the  legislators,  which  brought  together  by  force  two 
systems  theoredcally  irreconcilable. 

The  principle  of  the  independence  of  the  States  tri- 
omphed  in  the  formation  of  the  Senate,  and  that  of  the 
sovereign^  of  the  nation  in  the  composition  of  the  House 
o(  Representatives.  Elach  State  was  to  send  two  Senators 
to  Congress,  and  a  number  of  Representatives  proportioned 
to  its  population.*     It  results  irom  this  arrangement  that 

*  Btctj  tea  jeazt,  Congnn  fixes  aatw  the  nambcr  of  RcprcscnlMim 
which  each  Slals  i*  to  fucnUli,  The  total  onmbei  wu  69  in  ITS9,  and  S40 
n  )S33. 

The  ConitJIation  decided  that  there  shodd  not  be  more  than  one  Hcpro- 
•entative  Tor  every  30,000  penoni  ;  bnt  no  minimum  wm  Bzed  on.  Con* 
gwii  liaa  not  thought  fit  to  augment  the  nnmber  of  Bepreicntalircs  in  pro- 
portion to  the  iocreiue  of  population.  The  first  Act  which  «n»  passed  on 
■he  aulijeci  {14th  of  April,  1793)  decided  that  there  shonld  be  one  Ropr«>ent- 
■tJTe  for  every  03,000  inhabiunls.  The  Act  which  was  passed  in  )S5S  fixe* 
the  proportion  at  one  for  93,4S3,  and  made  the  House  consist  of  !34  mem- 
ben.  The  popnlation  represented  is  composed  of  all  the  freeman,  and  of 
Am  Sitli*  of  ilw  ilavee. 


THE  ÏEDKEAL   OOMSTmJTIOK.  14t 

the  State  of  New  York  has  at  the  present  day  Uiir^-thioe 
Representatives,  and  only  two  Senators  ;  the  Slate  of  Del- 
aware haa  two  Senators,  and  only  one  R^nresentative  ;  the 
State  of  Delaware  is  therefore  equal  to  the  State  of  New 
York  in  the  Senate,  whilst  the  latter  bas  thirty-three  time» 
the  influence  of  the  former  in  the  House  of  Representi^ 
tives.  Thus,  the  minority  of  the  nation  in  the  Senate 
may  paralyze  the  decisions  of  the  majority  represented  in 
the  other  House,  which  is  contrary  to  the  spirit  of  consti- 
tutional government. 

These  &cts  show  how  rare  and  difficult  it  is  rationally 
and  logically  to  combine  all  the  several  parts  of  le^slation. 
The  course  of  time  always  gives  birth  to  different  interests, 
and  sanctions  different  principles,  among  the  same  people  ; 
and,  when  a  general  constitution  is  to  be  established,  these 
interests  and  principles  are  so  many  natural  obstacles  to 
the  rigorous  application  of  any  political  system  with  all  iti 
consequences.  The  early  stages  of  national  existence  are 
the  only  periods  at  which  it  is  possible  to  make  legislation 
irictly  logical  ;  and  when  we  perceive  a  nation  in  :he  en- 
joyment of  this  advantage,  we  should  not  hastily  c-jiclude 
that  it  is  wise,  but  only  remember  that  it  is  young.  "When 
the  Federal  Constitution  was  formed,  the  interest  of  ind&- 
pendence  for  the  separate  States,  and  the  interest  of  union 
for  the  whole  people,  were  the  only  two  conflicting  inter- 
ests which  existed  amongst  tlie  Anglo-Americans  ;  and  a 
compromise  was  necessarily  made  between  them. 

It  is,  however,  just  to  acknowledge,  that  this  part  of  the 
Constitution  has  not  hitherto  produced  those  evils  which 
might  bave  been  feared.  All  the  States  are  young  and 
contiguous  ;  their  customs,  their  ideas,  and  their  wants  aie 
not  dissimilar  ;  and  the  diflerences  which  result  from  thdr 
size  are  not  enough  to  set  their  interests  much  at  variance. 
The  small  States  have  consequently  never  leagued  them- 
wlvea  together  in  the  Senate  to  oppose  tbe  designs  of  the 


MO 

iaiget  ones.  Beaides,'tfaen  Si  M  î 
iâ  the  legal  expreasioD  of  die  «ilL  k£  m  feofb^  ^Êà  lÊê 
Senate  could  offer  bat  a  £»ble  (qppodtkn  ta  dks  -rata  at  &• 
majori^  expressed  by  the  HooM  of  PyMuntadwi. 

It  must  not  be  fi*gottan,  noareonr,  ^mt  it  wu  not  ia 
the  power  of  the  Americas  îugîrrJitirm  to  redoce  to  a  aiiif^ 
nation  the  pec^e  for  irixA  i3a^  wen  nakicg  law».  "Bim 
object  of  the  Federal  Coortitiâko  ma  not  to  dwtrqjr  ^bt 
mdependence  of  the  Slatea,  bot  to  reatram  it.  Bj  acknowl- 
edging the  real  power  tifawse  wcoiKlai7  conmumitiea,  (and 
it  was  impossible  to  d^triro'  them  of  it,)  they  disavowed 
beforehand  the  habitual  nae  of  emiftniiit  in  enfoTcing  Ab 
decisions  of-  the  majority.  This  being  laid  down,  the  intro- 
duction of  the  influence  of  the  States  into  the  mechanism 
of  tlie  Federal  government  was  by  no  means  to  be  won- 
dered at  ;  since  it  only  attested  the  existence  of  an  acknowl- 
edged power,  which  was  to  be  humored,  and  not  forcibly 
checked. 


Ttw  Senate  named  bj  the  Stale  LegislaCnrei  ;  the  Représentatives  bj  the 
People.  —  Doable  Election  ol  the  fbnner  ;  aiogle  Election  of  the  latter. 
—  Term' of  the  diffiuent  Offices.  —  Pecnliar  FnnctioDB  of  each  Boom. 

The  Senate  difiers  from  the  other  House,  not  only  in  the 
rery  principle  of  representation,  but  also  in  the  mode  of  its  ' 
dection,  in  the  tenn  for  which  it  is  chosen,  and  in  the 
Bbture  of  its  functions.  The  House  of  Representatives 
■a  chosen  by  the  people,  the  Senate  by  the  legislatures  of 
each  State  ;  the  former  is  directly  elected,  the  latter  is 
dected  by  an  elected  body  ;  the  term  for  which  the  Rep- 
résentatives are  chosen  is  only  two  years,  that  of  the  Sena- 
ton  IB  mx.  The  functions  of  the  House  of  Representativea 
,^m  paxely  legislative,  and  the  only  share  it  takes  in  the 


THE  FEDEBAL  CONSTITUTIOH.  161 

jadicial  power  is  in  the  impeachment  of  public  officers. 
The  Senate  co-operates  in  the  work  of  legislation,  and  tries 
those  political  offences  which  the  Hoose  of  Representatives 
submits  to  itâ  decision.  It  also  acts  as  the  great  executive 
council  of  the  nation  ;  the  treaties  which  are  concluded  by 
the  President  must  be  ratified  by  the  Senate  ;  and  the 
t^pointments  he  may  make,  in  order  to  be  définitive,  mu»t 
be  approved  by  the  same  body. 


THE   EXECUrrVB   POWER. 

Dependence  of  the  FreiideDt.  —  He  b  Electire  «nd  Responsible.  —  Free  m 
hii  own  Sphere,  under  the  Inspection,  bat  not  under  the  Direction,  of 
the  Senate.  —  His  Ssluy  fixed  at  his  Entrj  into  Office.  —  Sospennve 
Veto, 

The  American  legislators  undertook  a  diificult  task  m 
attempting  to  create  an  executive  power  dependent  on  the 
majority  of  the  people,  and  nevertheless  sufficiently  strong 
to  act  without  restraint  in  its  own  sphere.  It  was  indis- 
pensable to  the  maintenance  of  the  republican  form  of 
government,  that  the  representative  of  the  executive  power 
should  bo  subject  to  the  will  of  the  nation. 

The  President  is  an  elective  magistrate.  His  honor,  his 
property,  his  hherty,  and  his  life  are  the  securities  which 
the  people  liave  for  the  temperate  use  of  his  power.  But  in 
the  exercise  of  his  authority,  he  is  not  perfectly  indepen- 
dent; the  Senate  takes  cognizance  of  his  relations  with 
foreign  powers,  and  of  his  distribution  of  public  appoints 
ments,  so  that  he  can  neither  corrupt  nor  be  corrupted. 
The  legislators  of  the  Union  acknowledge  tliat  the  exeo- 
.  ntive  power  could  not  fidfil  its  task  with  dignity  and 
advantage,  unless  it  enjoyed  more  stability  and  Btreiigth 
than  had  been  granted  it  in  the  separate  States. 

The  President  is  chosen  for  four  years,  and  he  may  be 
re-elected  ;  so  that  the  chances  of  a  future  admimstralim 


Iiy2  DEMOCUCT  a  A1ŒBICA. 

mar  inspiiv  liîin  witL  hopeful  undertakings  fi»  the  [pdUic 
pMil.  MiA  jiivo  him  the  means  of  canning  them  into  execn 
thw.  Thi>  I'lviiiient  was  made  the  sole  representaUve  of  the 
«xtVHtiio  ;viwi.<r  of  tlie  Union  ;  and  care  was  taken  not  to 
w««lor  hi*  lUvisioiis  subordinate  to  the  vote  of  a  cotmril, —  ' 
a  tl:)i)^^>ii«  nii'usurc,  which  tends  at  the  same  time  to  clog 
tho  .■!•  ti'^n  iff  tht>  guvemment  and  to  diminish  its  responsi- 
bi!  :t .  Mil'  Sciialu  has  the  right  of  annulling  ccrtun  acts 
ot  i^>'  Ti^'^iil'^'iit  ;  but  it  cannot  compel  him  to  take  any 
uTt-t^o.  )ior  iK>i'»  it  j)articipBte  in  the  exercise  of  tlie  executive 

l1«o  th'lîon  of  the  legislamre  on  the  execadve  power 
ntrtt  1h'  llil^'(•(,  nnd  we  have  just  shown  that  the  Ameri- 
,N(i>'  ^■nl^•^lllly  iihvîjited  this  influence;  but  it  may,  on  the 
ntli.'i'  liiuiil,  W  indirect.  Legislative  assemblies  which 
lw*\>  ihi-  I'liwiT  of  depriving  an  officer  of  state  of  hia  sal- 
Mi'\  I'lii-i-tiai'h  ii|)on  his  independence  ;  and  as  (hey  arc  free 
li>  m.iki'  the  lawn,  it  is  to  be  feared  lest  they  sliould  gradu- 
i»tl>  niiiniiiiriatit  to  themselves  a  portion  of  that  authority 
wtiii'li  the  ( 'onstitution  had  vested  in  his  liaiids.  This 
diiliniili'iice  of  the  executive  power  is  one  of  the  defects 
uilxnint  lit  iv])ublican  const! tu tion;;.  The  Americans  have 
M<t  Iki'ii  able  to  counteract  the  ten<k^icy  wliicli  legislative 
Kiifiidiliert  have  to  get  iK)ssession  of  tlie  {jovemment,  but 
thev  haie  rendered  tliis  |)i-o](ensity  less  irresistible.  The 
Mllarv  (if  tlie  President  is  fixed,  at  the  time  of  his  entering 
upDii  office,  for  the  whole  period  of  his  mairistracy.  The 
I'n-sident  is,  moreover,  armed  with  a  suspensive  veto, 
which  allows  him  to  oppose  the  passing  uf  such  laws  as 
might  destroy  the  portion  of  independence  which  the  Con- 
Mlitution  nwanls  him.  Yet  the  struf^jle  between  the  Presi- 
dent and  the  legislature  must  always  Im?  an  nneijual  one, 
since  the  latter  is  certain  of  bearing  down  nil  n-sistance  by 
yeivcvering  in  its  plans  ;  but  tlie  suspensive  veto  forces  it, 
•t  loMt,  to  reconsider  the  matter,  and,  if  the  motion  be 


THE  FEDEBAL  COHSTtTDTIOH.  1£8 

persisted  in,  it  must  thea  be  backed  by  a  majority  of  two 
thirds  of  the  whole  house.  The  veto  is,  moreover,  a  sort 
of  appeal  to  the  people.  The  executive  power,  which, 
without  this  security,  might  have  been  secretly  oppressed, 
adopts  this  means  of  pleading  its  cause  and  stating  its  mo- 
tives. But  if  the  legislature  perseveres  in  its  design.  Can 
it  not  always  overpower  all  resistance  ?  I  reply  that  in 
the  constitutions  of  all  nations,  of  whatever  kind  they  may 
be,  a  certain  point  exists  at  which  the  legislator  must  have 
recourse  to  the  good  sense  and  the  virtue  of  his  fellow-citi- 
zens. This  point  is  nearer  and  more  prominent  in  repub- 
lics, whilst  it  is  more  remote  and  more  carefully  concealed 
in  monarchies  ;  but  it  always  exists  somewhere.  There  is 
no  country  in  wliich  everything  can  be  provided  for  by  the 
laws,  or  in  which  political  institutions  can  prove  a  subsli- 
tate  for  common  sense  and  public  morality. 


m  WHAT  THE  POSmON  OP  A  PBESIDENT  OF  THE  TUflTBD 
BTATEB  DIFFERa  FBOU  THAT  OF  A  CONaTrnjTIONAl.  KIHO 
OF   FRANCE. 

executive  Power  is  tlie  United  8tat«t  u  limited  «nd  eK«ptionftl  m  the 
SovcreigQij'  which  it  repreBenu.  —  ËiecntÏTe  Pover  in  France,  tike  the 
Stata  Sovereignty,  extendi  to  eyerything.  —  The  King  a  Branch  of  the 
tegislaiure.  —  The  President  tlie  mere  Enecntoc  of  the  Law.  —  Othei 
Dlficrcncca  resnlting  from  ibe  Duration  of  the  two  Powers.  —  The  Pre»^ 
ident  checked  in  the  Exerdae  of  the  Execntire  Anthoritj.  —  The  King 
Independent  in  its  Exercise.  —  In  ipite  of  these  DiSirencci,  France  ii 
more  akin  to  a  Republic  than  tbe  Onion  to  a  Honarchj.  —  CompanMa 
of  the  Numhcr  of  Public  Officers  depeodisg  apon  the  Executive  Powei 
in  the  two  Coantriea. 

The  executive  power  has  so  important  an  influence  on 
the  destinies  of  nations,  that  I  wish  to  dwell  for  an  instant- 
on  this  portion  of  my  subject,  in  order  more  clearly  to  ex- 
plain the  part  it  sustains  in  America.  In  order  to  form  m, 
clear  and  precis»  idea  of  the  position  cf  the  President  of 


DEMOCRACY   IK  AMEBICA. 

the  United  States,  it  may  be  well  to  compare  it  with  that 
(rf  one  of  the  constitutional  kings  of  Europe.  In  this  com- 
parison, I  shali  pay  but  little  attention  to  the  exh?mal  signs 
of  power,  which  are  more  apt  to  deceive  the  eye  of  the 
observer  than  to  guide  his  researches.  ^Vhen  a  monarchy 
is  being  gradujJly  transfoiinetl  into  a  republic,  the  execu- 
tive power  retains  the  titles,  the  honors,  the  etiquette,  and 
even  the  funds  of  royalty,  long  after  its  rca]  authorhy  has 
disappeared.  The  English,  after  having  cut  olF  the  head 
of  one  king,  and  expelled  another  from  liis  throne,  were 
still  wont  to  address  tlie  successors  of  those  princes  only 
Open  Uieir  knees.  On  the  other  hand,  when  a  republic 
fidls  tmder  the  sway  of  a  single  man,  the  demeanor  of  the 
sovereign  remains  as  simple  and  impretending  as  if  his  an- 
thority  was  not  yet  paramount.  When  the  Emperors  ex- 
ercised an  unlimit^  control  over  the  fortunes  and  the  lives 
of  their  fellow-citizens,  it  was  customary  to  call  them 
Cœsar  in  conversation  ;  and  tliey  were  in  the  Iiabit  of 
sapping  without  formality  at  their  friends'  houses.  It  ia 
therefore' necessary  to  look  below  the  surface. 

The  sovereignty  of  the  United  States  is  shared  between 
the  Union  and  the  States,  whilst,  in  France,  it  is  undivided 
and  compact  :  hence  arises  the  first  and  most  notable  dif- 
ference which  exists  between  the  President  of  tlie  United 
States  and  the  King  of  France.  In  the  United  States,  the 
executive  power  is  as  limited  and  exceptional  as  the  sover^ 
eignty  in  whose  name  it  acts  ;  in  France,  it  is  as  universal 
as  the  authority  of  the  State.  The  Americans  have  a  Fed- 
eral, and  the  French  a  national  government. 

This  cause  of  inferiority  résulta  from  the  nature  of 
things,  bat  it  is  not  the  only  one  ;  the  second  in  impor- 
tance b  as  follows.  Sovereign^  may  be  defined  to  be  the 
ri^t  of  making  Uws.  In  France,  the  King  really  exercises 
a  portion  of  the  sovereign  power,  since  the  laws  have  no 
.  vfligbt  if  he  refuses  to  sanction  them  ;  he  is,  moreover,  the 


THE  PEDEEAL  CWNSTITOTION.  166 

Qzecutor  of  all  they  ordain.  The  President  is  also  the  ex- 
ecutor of  the  laws  ;  but  he  does  not  really  co-operate  ia 
making  them,  since  the  refusal  of  his  assent  does  not  pr»* 
vent  their  passage.  He  is  not,  therefore,  a  part  of  the  sov^ 
ereign  power,  but  only  its  agent  But  not  only  does  the 
King  of  France  constitute  a  portion  of  the  sovereign 
power  ;  he  also  contributes  to  the  nomination  of  the  legis- 
lature, which  is  the  other  portion.  He  participates  in  it 
through  appointing  the  members  of  one  chamber,  and  dis- 
solving the  other  at  his  pleasure  ;  whereas  the  President 
of  the  United  States  has  no  share  in  the  formation  of  the 
l^;isktive  hody,  and  cannot  dissolve  it.  The  King  has  the 
same  right  of  bringing  forward  measures  as  the  Chambers, 
—  a  right  which  the  President  does  not  possess.  The  King 
is  represented  in  each  assembly  by  his  ministers,  who  ex- 
plain his  intentions,  support  his  opinions,  and  m^tain  the 
principles  of  the  government.  The  President  and  his 
ministers  are  alike  excluded  from  Congress,  ao  that  his 
inSuence  and  his  opinions  can  only  penetrate  indirectly 
into  that  great  body.  The  King  of  France  is,  therefore, 
on  an  equal  footing  with  the  legislature,  which  can  no  more 
act  without  him  than  he  can  without  it.  The  President  is 
placed  beside  the  legislature  like  an  inferior  and  dependent 
power. 

Even  in  the  exercise  of  the  executive  power,  properly 
BO  called,  —  the  point  upon  which  his  position  seems  to  be 
most  analogous  to  that  of  the  King  of  France,  —  the  Pre»- 
ident  labors  under  several  causes  of  inferiority.  The  au- 
thority of  the  King,  in  France,  has,  in  the  first  place,  the 
advantage  of  duration  over  that  of  the  President  ;  and 
durability  ia  one  of  the  chief  elements  of  strength  ;  noth- 
ing is  either  loved  or  feared  but  what  is  likely  to  endure.' 
The  President  of  the  United  States  is  a  magistrate  elected 
for  four  years.     The  King,  in  France,  is  an  hereditary  sov- 


PEHOORACT  Df  AMHHCA. 


In  tf»  Kcwcise  of  die  eEecutive  power,  the  President  of 
Att  United  Statei  is  constantiy  subject  to  a  jealoits  supei^ 
vin<)n>  He  may  prepare,  but  he  cannot  conclude,  a  treaty- 
he  may  nominale,  but  be  cannot  appoint,  a  public  officer." 
The  King  (rf  Prajice  is  ubeolute  wkbin  the  sphere  of  exeo- 
tttiw  power. 

Th«  President  of  the  United  StKtei  ia  reepittnUfl  M> 
^  actions  ;  bat  the  penal  of  lite  King  ia  dftdandiiM^ 
«laUo  by  French  law.  '  *         '  "'■  "^N 

Kevertheless,  public  opioloH  as  -i  difeeUag  ptfirix  fi-'i^ 
liM  aboTo  the  head  of  dke  otte  t3»n  of  fts  Mur.  TUs 
power  is  less  definite,  leH  evident,  ind  lÛ-  Émctkifedd^iigr 
the  laws  in  France  tton  in  Ameif«a  ;  bat  it  tbiUftâHAH 
there.  In  America,  it  acta  by  elections  and  decrees  ;'  in 
France,  it  proceeds  by  revolutions.  Thus,  notwithstanding 
the  different  constitutions  of  these  two  countries,  public 
opinion  is  the  predominant  authority  in  both  of  them. 
The  iundamental  principle  of  legislation  —  a  principle 
essentially  republican — is  the  same  in  both  countries, 
although  ita  developmenta  may  be  more  or  less  free,  and 
its  consequences  different.     Whence  I  am  led  to  conclade, 

■  The  CoDatiCatioQ  has  left  it  doabtAil  whether  the  Pieeident  is  obliged 
to  cottanlt  (ha  Senate  in  the  remoTal  es  well  aa  in  the  appointment  of  Fed- 
<nl  offlcen.  The  Federalist  (No.  77)  soemed  to  establish  the  offinnatiTC  ; 
tnu  in  1 789,  CoD^rew  formollj  dedded,  that,  as  the  President  was  responsible 
be  liis  actions,  he  ongbt  not  to  be  fbiced  to  emplo;  agenu  wlio  had  foriUied 
his  esteem.  .See  Kent's  Commentaries,  Vol.  L  p.  38E>.  [See  also  Danid 
Webster's  speech  on  the  Appointing  and  Bemoving  Power,  Webster's  Works, 
IV.  18S  ;  MarshaU'i  Washington,  V.  196  ;  Sergeant  &  Rawle's  Beports,  V. 
451.  The  decision  of  CongteM  upon  this  sabject  in  I7S9  was  bj  a  verj 
amoll  majority  in  the  House,  and  in  the  Senate  it  passed  only  bj  the  casting 
Tott  of  the  Vic»j'nddeat  And  tUa  deddoo  is  onlj  by  in/eratct  from  the 
Act  thus  passed,  which  proridea,  that,  when  the  Setratary  of  the  Treasaiy 
sboold  be  T«tnoved  by  tlie  Pieeident,  hi*  assistant  shall  discharge  the  dntiea 
ot  the  office.,  Ur.  Spencer  rightly  obserrea,  that  the  power  ha*  been 
"  ttipeatedly  denied  in  and  out  of  Congrasa,  and  mnst  be  considered  as  yet 
d  qnesdon."  —  Ak.  Ed.] 


THE  FEDEBAL  CONSirTUTOM.  157 

that  France  with  its  King  is  nearer  akin  to  a  republic,  than 
tlie  Union  with  its  President  is  to  a  monarchy. 

In  a]]  that  precedes,  I  have  touched  only  upon  the  main 
points  of  distinction  ;  if  I  could  have  entered  into  detallg, 
the  contrast  would  have  been  still  more  striking. 

I  have  remarked  that  the  authority  of  the  President  in 
the  United  States  is  only  exercised  within  the  limits  of  a 
partial  sovereignty,  whilst  that  of  the  King  in  France  is 
undivided.  I  might  have  gone  on  to  show  that  the  power 
of  the  King's  government  in  France  exceeds  its  natural 
limits,  however  extensive  tliese  may  be,  and  penebBtes  in 
a  thousand  different  ways  into  the  administration  of  pri- 
vate interests.  Amongst  the  examples  of  this  infiuence 
may  be  quoted  that  which  results  from  the  great  number 
of  public  functionaries,  who  all  derive  tlieir  appointments 
from  the  executive  government.  This  number  now  ex- 
ceeds all  previous  limits  ;  it  amounts  to  138,000  *  nomina- 
tions, each  of  which  may  be  considered  as  an  element  (^ 
power.  The  President  of  the  United  States  has  not  tlio 
exclusive  right  of  making  any  public  appointments,  and 
their  whole  number  scarcely  exceeds  12,000.f 

*  The  nim9  anaiuUI;  paid  bj  the  state  to  these  officen  amount  to 
100,000,000  francs  (eight  millions  sterling). 

t  This  namber  is  extnuned  from  the  "  National  Calendar  "  for  1B33. 

It  reinlu  from  diia  comparison,  that  the  King  of  France  has  eleren  timm 
ai  rnaoT  places  at  his  diaposal  as  the  PnaidenI,  although  the  popolation  of 
Vnaee  u  not  much  more  than  doable  that  of  the  Union. 

[The  rast  increase  of  the  population  of  tho  United  States,  since  De 
Tocqueville  wrote,  Irom  thirteen  miliiong  to  nearly  thirty  millions,  and  tha 
consequent  necessary  enlarf>ement  of  the  machinOTj  of  goTeminent,  haa 
nearly  reversed  these  proportions.  The  patronage  of  the  Prmidcot  of  tha 
United  Ststce  is  now  enormooi,  and  has  become  a  dominant  feature  in  tha 
opération  of  our  national  goTemment.  Beckoning  the  eobordioate  offlcen 
in  the  Pos^OfIice  and  Cubioiub  departments,  ail  of  iriiom  dcrlTc  their  if- 
poiutments  either  directly  or  indireedy  &ora  the  Pnsidcnt,  and  continna  in 
oAce  only  darinjc  hit  plearare,  and  most  of  whom,  in  fact,  gire  place  to  obit 
tacnmbents  at  every  chancy  of  adminiatralton,  it  ii  easy  to  aee  that  iba  la- 


DSyOCftACT  IS  AUERIOA. 


AtMtal  Sararilj  «f  ik*  IMm.  —  Ana^  «C  «x  thonund  Mou— P«y^ 
8|j^ — 1W  rmMm  )■•  gnM  Prco^to,  btii  no  Or^nniiidT'^J 
^BKMv  ^^  —  b  A*  ntncttina  «hkh  he  docs  exenûc,  ha  ^^B 

Ip  th«  «xccotin  goraBBMnt  is  feel^  in  Amerio^iaÉ 
i»  Fnn<:«t  ^  cun  b  pohq»  mora  attribataUe  to  d» 
wrumstances  thw  to  dw  Inn  of  aie  cotmtiy. 

It  a  chiefly  in  it*  ftmgo  T^atiaDa  ^lat  the  cxeoBlm 
power  of  ft  nation  finds  occamon  to  ez^  its  skill  and  its 
atraigth.  If  the  enstemce  of  the  Union  were  perpetoaUy 
dinatened,  if  its  chief  interests  were  in  daily  connection 
TTÎth  those  of  other  powerful  nations,  the  executive  gov- 
«nuncnt  would  assume  an  increased  importance  in  propor- 
tion to  the  measures  expected  of  it,  and  to  those  which  it 
would  execute.  The  President  of  the  United  States,  it  is 
true,  is  the  conunander-in-chief  of  the  army,  but  the  army 
is  composed  of  only  six  thousand  men  ;  lie  commands  the 
fleet,  but  the  fleet  reckons  but  few  sail  ;  he  conducts  the 
for^gn  relations  of  the  Union,  but  the  United  States  are 
a  nation  without  neighbors.  Separated  from  the  rest  of 
the  world  by  the  ocean,  and  too  weat  as  yet  to  aim  at  the 
dominion  of  the  seas,  they  have  no  enemies,  and  their  in- 
terests rarely  come  into  contact  with  those  of  any  other 
n^on  of  the  globe.  This  proves  that  the  practical  opera- 
tion of  the  government  must  not  be  judged  by  the  theory 
of  its  constitution.  The  President  of  the  United  States 
possesses  almost  royal  prerogatives,  which  he  has  no  op- 
portunity of  exercismg,  and  the  privileges  which  he  can  at 


I  possesses 

K  portunit] 

K  Boence  of 

K  ^pOB*l,  llO 


of  the  execative  gOTemnent,  throngb  Iho  nnmbcr  of  places  at  iu 
^pOBal,  lias  become  excesdre,  and  imperils  bath  the  mond  character  and  Û» 
rcpabllcaa  institntioiia.  —  Am.  Ed.] 


THE  FEDERAL  CONSTTTUTIOH.  159 

present  use  are  very  circumscribed.     The  laws  allow  tmn 
to  be  strong,  bnt  circumstances  keep  Tiim  weak. 

On  the  other  hand,  the  great  strength  of  the  royal  pre- 
rogative in  France  arises  from  circumstances  far  more  than 
from  the  laws.  There  the  executive  government  is  con- 
stantly stniggling  agamst  immense  obstacles,  and  has  im- 
mense resources  in  order  to  overcome  them  ;  so  that  it  is 
enlarged  by  the  extent  of  its  achievements,  and  by  the 
importance  of  the  events  it  controls,  without  modifying  its 
constitution.  If  the  laws  had  made  it  as  feeble  and  as 
circumscribed  as  that  of  the  American  Union,  its  inâueace 
would  soon  become  still  more  preponderant. 


WHY  THE  PRESIDENT  OF  THE  OOTTED  STATES  DOES  HOT 
HEED  A  MAJOEITT  IN  THE  TWO  HOUSES  IN  ORDER  TO 
CARRY   OS   THE   GOVERNMENT, 

It  is  an  established  axiom  in  Europe,  that  a  constitution- 
al king  cannot  govern  when  opposed  by  the  two  branches 
of  the  legislature.  But  several  Presidents  of  the  United 
States  have  been  known  to  lose  the  majority  in  the  legisla- 
tive body,  witliont  being  obliged  to  abandon  the  supreme 
power,  and  without  inflicting  any  serious  evil  upon  society, 
I  have  heard  this  fact  quoted  to  prove  the  independence 
and  the  power  of  the  executive  government  in  America: 
a  moment's  reflection  will  convince  us,  on  tlie  contrary, 
that  it  is  a  proof  of  its  weakness. 

A  king  in  Europe  requires  the  support  of  the  legislature 
to  enable  him  to  perform  the  duties  imposed  upon  liim  by 
the  constitution,  because  those  duties  are  enormous.  A 
constitutional  king  in  Europe  is  not  merely  the  executor 
of  the  law,  but  the  execution  of  its  provisions  devolves  so 
completely  upon  him,  that  he  has  the  power  of  paralyâng 
its  force  if  it  opposes  his  designs.  He  requires  the  assise 
ance  of  the  le^slative  assemblies  to  make  the  law,  but  those 


o ».  u  BH,jj|j«u  la   Botm   as   the 

vunance. 

In  Amork-a,  tlic  Président  cannot  prevent  anj 
'vni::  1'asso.i,  nor  can  ho  evade  the  obligation  of  , 
11.  His  sincera  and  zealous  co-operation  is  no  doul 
but  is  not  indiqieosable,  in  carrying  on  public  affi 
Ab  imjwrtant  acts,  ha  is  directly  or  ijidirecliy  s 
•*  lepsJature;  and  of  Ins  own  fiee  autiiority,  ht 
Ian  BtUo.  It  is  thcirfore  his  tv,»kne8»,  and  not  liis 
•rbicli  enables  him  to  remain  in  opposition  to  Cono, 
turoRe,  hamtonj.  must  reign  between  the  cromT 
l<!g|shit«,^,  because  a  collision  between  them  nta- 
jmous;  n,  Amaica,  this  hatmonj.  is  „„t  i„disp 
1-c.uso  such  a  collision  is  impossible.  ^ 

M«no»   or  THB  PMiaiDlOlT. 
"■J'ZT»"'  '^.  '""  '"""  »™"  I"  F"!»"'»"  »  « 


THE  FKDEBAL  CONSTrnmOH.  161 

«ometanceii  in  which  the  electOTB  are  placed.  The  moat 
woght]?  argument  against  the  election  of  a  cliief  magistrate 
IB,  that  it  offers  so  splendid  a  lure  to  private  ambition,  and 
is  so  apt  to  inflame  men  in  the  pursuit  of  power,  that,  when 
Intimate  means  are  wanting,  force  may  not  un&equently 
seize  what  right  denied.  It  is  clear  tliat,  the  greater  the 
prerogatives  of  executive  authority  are,  the  greater  is  the 
temptation  ;  the  more  the  ambition  of  the  candidates  is  ex- 
dted,  the  more  warmly  are  their  interests  espoVlsed  by  ft 
throng  of  partisans,  who  hope  to  share  the  power  when 
their  patron  has  won  the  prize.  The  dangers  of  the  eleo> 
tive  system  increase,  therefore,  in  the  exact  ratio  of  the 
influence  exercised  by  the  executive  power  in  the  affairs  of 
the  state.  The  revolutions  of  Poland  are  not  solely  attrib- 
utable to  the  elective  system  in  general,  but  to  the  fact 
that  the  elected  monarch  was  the  sovereign  of  a  powerful 
kingdom. 

Before  we  can  discuss  the  absolute  advantages  of  the 
elective  system,  we  must  make  preliminary  inquiries  as  to 
whetlier  the  geographical  position,  the  laws,  the  habits,  the 
manners,  and  the  opinions  of  the  people,  amongst  whom  it 
ia  to  be  introduced,  will  admit  of  tlie  establishment  of  a 
weak  and  dependent  executive  government  ;  for  to  attempt 
to  render  the  representative  of  the  state  a  powerful  sover- 
eign, and  at  the  same  time  elective,  is,  in  my  opinion,  to 
entertain  two  incompatible  designs.  To  reduce  hereditary 
royalty  to  the  condition  of  an  elective  authority,  the  only 
means  that  I  am  acqumnted  with  are  to  circumscribe  its 
sphere  of  action  beforehand,  gradually  to  dinxinish  its  pre- 
rc^tives,  and  to  accustom  the  people  by  degrees  to  Uve 
without  its  protection.  But  this  is  what  the  republicans 
of  Europe  never  think  of  doing  :  as  many  of  thera  bate 
tyranny  only  because  they  are  exposed  to  its  severity,  it  is 
expression,  and  not  the  extent  of  the  executive  power, 
which  excites  their  hostility  ;  and  they  attack  the  fonn«r, 


142  DEHMBÀOr  TX  AamOL  - 

vithout  perceiving  how  neuly  h  û  bouaeeted  viàl'>AB 

ktter.  .  ,j. 

■  Hitherto,  no  citizen  lun  cued  to  e^qw  bâ  honor  Mfd  fak 
life  in  order  to  become  the  Fnndcnt  of  the  United  Strie», 
because  the  power  of  that  office  k  te^torary,  limited,  lad 
subordinate.  The  prize  of  ioTtniM  most  he  gre^  to  en- 
courage adventurers  in  bo  doqieoate  a  game.  No  candir 
date  has  as  yet  been  able  to  arooae  the  dangeroaa  eathiui- 
asm  or  the  passionate  synftatlûes  vf  the  people  in  jus  favor, 
for  the  eiraple  reason  that,  when  he  is  at  the  head  of  the 
-  government,  he  has  bat  little  power,  little  wealth,  and  little 
glory  to  share  amongst  his  friends  ;  and  his  inflnence  in  the 
state  is  too  small  for  the  snccess  or  the  min  of  a  fiiction  to 
depend  upon  his  elevation  to  power. 

The  great  advantage  of  hereditary  monarchies  is,  that, 
as  the  private  interest  of  a  &niily  is  always  intimately 
connected  with  the  interests  of  the  state,  these  state  inter- 
ests are  never  neglected  for  a  moment  ;  and  if  the  affairs 
of  a  monarchy  are  not  better  conducted  than  those  of  a 
republic,  at  least  there  is  always  some  one  to  conduct  them, 
well  or  ill,  according  to  his  capacity.  In  elective  states,  on 
the  contrary,  the  wheels  of  government  cease  to  act,  as  it 
were,  of  their  own  accord,  at  the  approach  of  an  election, 
and  even  for  some  time  previous  to  that  event.  The  laws 
may,  indeed,  accelerate  the  operation  of  the  election,  which 
may  be  conducted  with  such  simplicity  and  rapidity  that 
the  seat  of  power  will  never  be  left  vacant  ;  but,  notwith- 
standing these  precautions,  a  break  necessarily  occurs  in 
the  minds  of  the  people. 

'  At  the  approach  of  an  election,  the  head  of  the  execu- 
tive government  thinks  only  of  the  struggle  wliich  is  com- 
ing on  ;  he  no  longer  has  anything  to  look  fonvard  to  ;  he 
can  undertake  nothing  new,  and  he  will  only  prosecute 
with  indifference  those  designs  which  another  will  perhaps 
terminate.     "  I  am  so  near  the  time  of  my  retirement  from 


TSE  FEDERAL  CONSTITTITION.  168 

office,"  said  President  Jefferson,  on  the  21st  of  Jannaiy, 
1809,  (six  weeks  before  the  election, •)■  "  that  I  feel  no 
passioB,  I  take  no  part,  I  express  no  sentiment.  It  appears 
to  me  just  to  leave  to  my  successor  the  commencement  of 
those  measures  which  he  will  have  to  prosecute,  and  for 
which  he  will  be  responsible."  On  the  other  hand,  the 
eyes  of  the  nation  are  centred  on  a  single  point  ;  all  are 
watching  the  gradual  birth  of  so  important  an  event. 

The  wider  the  influence  of  the  executive  power  extends, 
the  greater  and  the  more  necessary  is  its  constant  action, 
the  more  Ëital  is  the  t^rm  of  suspense;  and  a  nation 
which  is  accustomed  to  the  government,  or,  stiU  more, 
one  used  to  the  administration  of  a  powerful  executive 
authority,  would  be  infeUihIy  convulsed  by  an  election. 
In  the  United  States,  the  action  of  the  government  may 
be  slackened  with  impunity,  because  it  is  always  weak  and 
circumscribed. 

One  of  the  principal  vices  of  the  elective  system  is,  that 
it  always  introduces  a  certain  degree  of  instability  into  the 
internal  and  external  policy  of  the  state.  But  this  disad- 
vantage is  leas  sensibly  felt  if  the  share  of  power  vested  in 
the  elected  magistrate  is  small.  In  Rome,  the  principles 
of  the  government  underwent  no  variation,  altlioiigh  the 
Consuls  were  changed  every  year,  because  the  Senate, 
which  was  an  hereditary  assembly,  possessed  tlie  directing 
authority.  In  most  of  the  European  monarchies,  if  the 
king  were  elective,  the  kingdom  would  be  revolutionized 
at  every  new  election.  In  America,  the  President  exercises 
a  certain  influence  on  state  affairs,  hut  he  does  not  conduct 

■  De  Tocqnerillo  is  in  error  hare.  The  election  was  reallj  determined 
tbree  months  before,  in  November,  ISOS  ;  and  Jefferson,  irriting  eix  neeka 
(«/6r«  hU  tuccasor,  already  chosen,  tnu  to  come  into  ogiix,  merely  expresK* 
hii  intention  to  leave  Mr.  Uailison  lo  initiate  hia  own  policy,  instead  of  em- 
barrasaing  Mm  by  leaving  projects  or  meosares  begnn,  bat  not  completed. 
—Am.  Ed. 


16f  DBHOCBAOT  01  JOfBHCi^ 

tftcoi  j  flie  preponderating  power  ik  veetad  in  tlw  r 
ttivc<a  of  tlio  whole  nation.  The  p<Jitical  m«TÎm«  gf  ^ 
country  depend,  therefîne,  on  the  nuw  of  the  people,  not 
on  tile  President  alone  ;  and  CMuequentij,  in  America,  the 
elective  system  has  no  tbij  prejndidal  inflaenco  on  die 
fixity  of  tlie  government  But  ib»  want  of  fixed  priociplei 
is  an  evil  bo  inherent  in  the  elective  syatem,  that  it  ia  still 
very  perceptible  in  the  narrow  sphere  to  which  the  antfaov- 
ity  of  the  President  extends. 

The  Americ&ns  have  admitted  that  the  head  of  the  exeo* 
utive  power,  in  order  to  discharge  his  du^  and  bear  tite 
whole  weight  of  responsihili^,  ought  to  be  free  to  çhooae 
•lus  own  agents,  and  to  remove  them  at  pleasure  :  the  le^isr 
lative  bodies  watch  the  conduct  of  the  President  more  than 
they  direct  it.  The  consequence  is,  that,  at  every  new 
Section,  the  fete  of  all  the  Federal  public  officers  is  in 
suspense.  It  is  sometimes  made  u  subject  of  complaint, 
that,  in  the  constitutional  monarchies  of  Europe,  the  fate  of 
the  humbler  servants  of  an  administration  often  depends 
tipon  that  of  the  ministers.  But  in  elective  governments 
this  evil  is  fiir  greater  ;  and  the  reason  of  it  is  very  ob^us. 
In  a  constitutiontd  monarchy,  snccL'ssive  ministries  are 
rapidly  formed  ;  but  as  the  principal  representative  of  the 
executive  power  is  never  changed,  the  spirit  of  innovation 
is  kept  within  bounds;  the  clianges  which  take  place  are 
Bi  the  details,  ratlior  tlian  in  tlie  principles,  of  the  adminis- 
trative system  :  but  to  substitute  one  system  for  another, 
ta  is  done  in  America  every  four  years  by  law,  is  to  cause 
a  sort  of  revohitioii.  As  to  the  misfortunes  which  may  fell 
upon  individuals  in  consequence  of  this  state  of  things,  it 
nust  be  allowed  that  tlie  uncertain  tenure  of  the  public 
-(^ces  docs  not  produce  tlie  evil  consequences  in  America 
which  might  be  expected  from  it  elsewhere.  It  is  so  easy 
to  acquire  an  independent  position  in  the  United  States, 
th^frik^Dublic  officer  who   loses   his   place   may  be  de< 


THE  FEDERAL  COMSTITDTIOH.  166 

prived  of  the  comfbrU  of  life,  bat  not  of  the  means  of 
Babsistence. 

I  remarked  at  the  beginning  of  this  chapter,  that  the 
dangers  of  the  elective  system,  applied  to  the  head  of  the 
state,  are  augmented  or  decreased  by  the  peculiar  circum- 
stances of  the  people  which  adopts  it.  However  the  fiinc- 
tions  of  the  executive  power  may  be  restricted,  it  must 
always  exercise  a  great  influence  upon  the  foreign  policy 
of  the  country  ;  for  a  negotiation  cannot  be  opened,  or 
successfully  carried  on,  otherwise  than  by  a  single  agent. 
The  more  precarious  and  the  more  perilous  the  position  of 
a  people  becomes,  the  more  absolute  is  the  want  of  a  fixed 
and  consistent  external  policy,  and  the  more  dangerous 
does  the  system  of  electing  the  chief  ma^trate  become. 
The  policy  of  the  Americans  in  relation  to  the  whole 
world  is  exceedingly  simple  ;  and  it  may  almost  be  said 
that  nobody  stands  in  need  of  them,  nor  do  they  stand  in 
need  of  anybody.  Their  independence  is  never  threat- 
ened. In  their  present  condition,  therefore,  the  functions 
of  the  e.Yecative  power  are  no  less  limited  by  circum- 
stances than  by  the  laws;  and  the  President  may  fre- 
quently cliange  his  policy,  without  involving  the  state  in 
difficulty  or  destruction. 

^Vhatever  the  prerogatives  of  the  executive  power  may 
be,  the  period  which  immediately  precedes  an  election,  and 
that  during  which  the  election  is  taking  place,  must  always 
be  considered  as  a  national  crisis,  which  is  perilous  in  pro> 
portion  to  the  internal  embarrassments  and  the  external 
dangers  of  the  country.  Few  of  the  nations  of  Europe 
could  escape  the  calamities  of  anarchy  or  of  conquest 
everj'  time  they  might  have  to  elect  a  new  sovereign.  In 
America,  society  is  so  constituted  that  it  can  stand  without 
assistance,  upon  its  own  basis  ;  nothing  is  to  be  feared  from 
the  pressure  of  external  dangers  ;  and  the  election  of  the 
President  is  a  cause  of  agitation,  but  not  of  ruin. 


DEUOCBACY  Of  AlEEBlOJt 


MODE   OP   ELEcnOS. 


Skill  of  the  American  Legixkiora  shown  in  the  Mode  of  Election  iulo]>tod 
bj  them.  —  Crealion  of  u  special  Electoral  Boiij.  —  Sepamte  Voiea  of 
thdfio  Eloctora.  —  Case  in  which  iho  UoMe  of  fc|i«s(iiiiatiTib  is  called 
npoQ  to  chooEC  tliu  PresIdcnL  —  Results  of  the  twelve  Elections  which 
have  takan  plaro  aiDCS  the  Constitution  has  been  cstablialicd. 

Besides  the  dangers  which  are  inherent  in  the  eystem, 
many  others  may  arise  from  the  mode  of  election  ;  but 
these  may  be  obviated  by  the  precautions  of  the  legislator. 
When  a  people  met  in  arms,  on  some  public  spot,  to  choose 
its  head,  it  was  exposed  to  ail  the  chances  of  civil  war  re- 
sulting from  such  a  mode  of  proceeding,  besides  Jlie  dan- 
gers of  the  (.-leclive  ms1i-iti  iu  it.^-'lf.  Ti.e  I-'»li>li  Ims, 
which  subjected  the  election  of  the  sovereign  to  the  veto 
of  a  single  individual,  suggested  the  murder  of  that  indi- 
vidual, or  prepared  the  way  for  anarchy. 

In  the  examination  of  the  institutions,  and  the  political 
aa  well  as  social  condition  of  tlie  United  States,  we  are 
struck  by  the  admirable  harmony  of  the  gifts  of  fortune 
and  the  efibrts  of  man.  That  nation  possessed  two  of  the 
diain  causes  of  internal  peace  ;  it  was  a  new  country,  but  it 
was  inhabited  by  a  people  grown  old  in  the  exercise  of  free- 
don).  Besides,  America  bad  no  hostile  neighbors  to  dread  ; 
and  the  American  legislators,  profiting  by  these  fiivorable 
circumstances,  created  a  weak  and  subordinate  executive 
power,  which  could  without  danger  be  made  elective. 

It  then  only  remained  for  them  to  choose  the  least  dan- 
gerous of  the  various  modes  of  election  ;  and  the  rules 
which  they  laid  down  upon  this  point  admirably  correspond 
to  the  securities  which  the  physical  and  political  constitu- 
tion of  the  country  already  afforded.  Their  object  was  to 
find  the  mode  of  election  which  would  best  express  the 
choice  of  the  people  with  the  least  possible  excitement  and 
suspense.     It  was  admitted,  in  the  first  place,  that  the 


THE  FEDERAL 'CONSTITUTION.  IflT 

■ûnple  mAJority  should  decide  the  point  ;  but  the  dif&cal^ 
was,  to  obtain  this  majority  without  an  interval  of  delay, 
which  it  was  most  important  to  avoid.  It  rarely  happens 
that  an  individual  can  receive  at  the  first  trial  a  majority 
of  the  suffi-ages  of  a  great  people  ;  and  this  difficulty  is 
enhanced  in  a  republic  of  confederate  states,  where  local 
influences  are  far  more  developed  and  more  powerful. 
The  means  by  which  it  was  proposed  to  obviate  this  sec- 
ond obstacle  was,  to  delegate  the  electoral  powers  of  the 
nation  to  a  body  which  should  represent  it.  This  mode  of 
election  rendered  a  majority  more  probable  ;  for  the  fewer 
the  electors  are,  the  greater  is  the  chance  of  their  coming 
to  an  agreement.  It  also  offered  an  additional  probability 
of  a  judicious  choice.  It  then  remained  to  be  decided 
whether  this  right  of  election  was  to  be  intrusted  to  the 
l^islature  itself,  the  ordinary  representative  of  the  nation, 
or  whether  a  special  electoral  college  should  be  formed  for 
the  sole  purpose  of  choosing  a  President.  The  Americans 
chose  the  latter  alternative,  from  a  beUef  that  those  who 
were  chosen  only  to  make  the  laws  would  represent  but 
imperfectly  the  wishes  of  the  nation  in  the  election  of  its 
chief  magistrate  ;  and  that,  as  they  are  chosen  for  more 
than  a  year,  the  constituency  they  represented  might  have 
changed  its  opinion  in  that  time.  It  was  thought  that,  if 
the  legislature  was  empowered  to  elect  the  head  of  the 
executive  power,  its  members  would,  for  some  time  before 
the  election,  be  exposed  to  the  manœuvres  of  corruption 
and  the  tricks  of  intrigue  ;  whereas  the  special  electors 
would,  like  a  jury,  remain  mixed  up  with  the  crowd  till 
the  day  of  action,  when  they  would  appear  for  a  moment 
only  to  give  their  votes. 

It  was   therefore   determined  that  every  State  should 
name  a  certain  number  of  Electors,*  who  in  their  turn 
The  number  of  Electon  mt 


108  DCMOCKACY   IS   AMKBICA. 

ibonid  elect  the  Prandfot}  imAmkimA  ban  lihpifNt 
thiU  tlio  usemblieB  to  whiA  flw  chci—  of  tiitJminuffatiHt» 
lud  been  intrusted  ia  ■hcti'?»  sooBttiM  kmniJbfyhigmBm 
the  centres  of  pusàca  «aJ^B^dj  .Art  .they.  imiiinfiMW 
unirped  powera  whidi  <bd  aot  bdong  to  them;  utd.tfiÉk 
their  procoedings,  or  the  aaoartMuy  which  resuUed  finm 
them,  yn>r*>  sometioMS  prolonged  to  mach  as  to  endangM 
the  n-ol&re  of  the  stat*, — it  ww  detsmûied  that  &e  Sbd' 
tors  shiHild  all  rota  upon  the  am*  day,  without  beàng  oDèn 
Tokvd  ti^  the  same  pUoe.*  Tliis  donUe  election  lendeMii 
«  maKtrity  probable,  thoa^  not  certain  ;  for  it  was  p 
that  tlw  Electors  might  ih^  anj  more  than  their  coQstil 
«Mino  I»  nn  agreement  In  this  oaae,  it  would  be  necessary 
tu  ha\-v  Tvcourse  to  one  of  three  measures  ;  either  to  appoint 
new  Eli'ctors,  or  to  consult  a  second  time  those  already  ^^ 
poiiiti.Hl,  or  to  ^ve  the  election  to  another  authority.  The 
first  two  of  these  alternatives,  independently  of  the  uncer- 
tainty of  tlieir  results,  were  likely  to  delay  the  final  de- 
cision, and  to  perpetuate  an  agitation  which  must  always 
be  accompanied  with  danger.  The  third  expedient  was 
tlierefore  adopted,  and  it  was  agreed  that  the  votes  should 
be  transmitted,  sealed,  to  the  President  of  the  Senate,  and 
that  they  should  be  opened  and  counted  on  an  appointed 
day,  in  the  presence  of  the  Senate  and  the  House  of  Kep- 
reaentatives.  If  none  of  the  candidates  has  received  a 
majority,  the  House  of  Representatives  then  proceeds  im- 
mediately to  elect  the  President;  but  with  the  condition 
that  it  must  fix  upon  one  of  the  three  candidates  who  have 
the  highest  number  of  votes  in  the  Electoral  Collcge.f 

■  Tbe  Electors  of  the  mae  State  assemble,  but  cbej  transmit  to  the  een- 
tnl  t^overnmcnt  Che  list  of  (heir  mdiTidual  voles,  uid  pot  the  mere  remit 
of  the  TOte  of  the  majority. 

t  Id  thie  case,  it  is  ihe  msjoritf  irf  the  Stales,  and  not  the  majoritj  of  the 
members,  whkh  doddes  the  qaettion;  so  that  Koff  Yori:  has  not  more  infln- 
•ooe  is  the  debate  thsm  Rhode  Island.  Thus  the  citiiCD»  of  tbe  Union  ara 
Bnt  consulted  as  members  of  one  and  the  «amg  communitj  ;  and,  if  the]r 


Tiœ  tEVEAAh   OOHSTmmOH.  169 

Thus,  it  is  only  in  case  of  an  event  which  cannot  (rften 
happen,  and  which  can  never  be  foreseen,  that  the  election 
is  introâted  to  the  ordinaiy  Kepresentadves  of  the  naticai  ; 
and  even  then,  they  are  obliged  to  choose  a  citizen  who  has 
already  been  designated  by  a  powerfiil  minority  of  the 
special  Electors.  It  is  by  this  happy  expedient  that  the 
respect  whicli  is  due  to  the  popular  voice  is  combined  with 
tlie  utmost  celerity  of  execution,  and  with  those  precautions 
which  the  interests  of  the  country  demand.  But  the  de- 
cision of  the  question  by  the  House  of  Bepresentatives 
does  not  necessarily  offer  an  immediate  solution  of  the 
difficulty  ;  for  the  majority  of  that  assembly  may  still  be 
doubtliil,  and  in  this  case  the  Constitution  prescribes  no 
remedy.  Nevertheless,  by  restricting  the  number  of  can- 
didates to  three,  and  by  referring  the  matter  to  the  judg- 
ment of  an  enlightened  public  b«^dy,  it  has  smoothed  all 
the  obstacles  •  which  are  not  inherent  in  the  elective  sys- 
tem itself. 

In  the  forty-four  years  which  have  elapsed  since  the  pro- 
mulgation of  the  Federal  Constitution,  the  United  States 
have  twelve  times  chosen  a  President.  Ten  of  these  elec- 
tions took  place  at  once  by  the  simultaneous  votes  of  the 
specbt  Electors  in  the  different  States.  The  House  of 
Representatives  has  only  twice  exercised  its  conditional 
privilege  of  deciding  in  cases  of  uncertainty:  the  first  time 
was  at  the  election  of  Mr.  Jefferson  in  1801  ;  the  second 
was  in  1825,  when  Mr.  J.  Quincy  Adams  was  named.f 

caanot  agree,  rccourte  is  had  to  the  dirision  of  the  Stales,  each  of  which  ha> 
a  «eparate  and  indcpcndeot  vote.  This  ia  one  of  ebe  uogulBTiciea  of  tha 
Federal  Coosiituiioa,  vhich  can  be  explained  onl^  bj  the  jar  of  conflicting 
intereaU. 

■  Jefferson,  in  1801,  wa*  not  elected  ttndl  the  thir^^ixth  time  of  bal- 

t  SeventjT'^wo  jcara  harlng  now  elapted,  there  hare  been  nineteen  Freti- 
dential  eiectiooB,  and  atill  tlie  Honae  of  BepreeentatÏTes  has  been  leqnired  ta 
act  in  the  election  only  twice.  — Am.  En. 


ITS  imioouor  m-  ^iomoA"- 

CEISI8  OF  THB  JUKItOV. 

The  Election  m»;  bi 

—  FudoDi  of  the  Peoplti— AudtQ' «T  (to  RvUtnt— CUÉrAUt 
tncoeeds  die  Agitation  of  A»  »'«**'™ 

I  HAVE  shown  what  the  drcnmataoces  are  whicli  bvOTQit 
the  adoption  of  the  elective  ejtbem  in  the  United  StataS 
and  what  precautions  were  taken  hy  the  le^jislators  to  ob- 
viate its  dangers.  The  Americans  are  accnatomed  to  rU 
kinds  of  elections  ;  and  th^  knew  hy  ezperienc»  the  çt* 
most  degree  of  excitement  which  is  compatible  with  secotii- 
ty.  The  vast  extent  of  the  trountiy  and  the  disseminatûm 
of  the  inhabitants  render  a  collision  between  parties  lesa 
probable  and  less  dangerous  there  than  elsewhere.  The 
political  circumstances  under  which  the  elections  have  been 
carried  on  have  not,  aa  yet,  caused  any  real  danger.  Still, 
the  epoch  of  the  election  of  the  President  of  the  United 
States  may  be  considered  as  a  crisis  in  tlie  affairs  of  the 
nation.       > 

The  influence  which  the  President  exercises  on  public 
business  is  no  doubt  feeble  and  indirect  ;  but  the  choice  of 
the  President,  though  of  small  importance  to  each  individ- 
ual citizen,  concerns  the  citizens  collectively  ;  and  however 
trifling  an  interest  may  be,  it  assumes  a  great  degree  of 
importance  as  soon  as  it  becomes  general.  The  President 
possesses,  in  comparison  with  the  kings  of  Europe,  but  few 
means  of  creating  partisans  ;  but  the  places  whicli  are  at 
his  disposal  are  sufficiently  numerous  te  interest,  directly 
or  indirectly,  several  thousand  electors  in  his  success.* 
Moreover,  political  parties  in  the  United  States  are  led  to 
rally  round  an  individual  in  order  to  acquire  a  more  tangi- 

■  Owing  to  tho  increase  of  patronnge  alicadj  referred  to  as  noceuarilf 
produced  hy  tbo  voit  iDcreaao  of  the  population,  this  inflaonco  has  uoir  be. 
e,  and  rcrj  dangerous.  —  Am.  Ed. 


THE  FEODAL  COMSTITUTIOH.  171 

ble  sliapo  in  the  eyea  of  the  crowd  ;  and  the  name  of  the 
candidate  for  the  Presidency  is  put  forward  as  the  symbol 
and  personification  of  their  theories.  For  these  reascms, 
parties  are  strongly  interested  in  gaining  the  election,  not  so 
much  with  a  view  to  the  triumph  of  their  principles  under 
the  auspices  of  the  President  elect,  as  to  show,  by  bis  elec- 
tion, that  the  supporters  of  those  principles  now  form  the 
majority. 

For  a  long  while  before  tbe  appointed  time  is  come,  the 
election  becomes  the  important,  and  (so  to  speak)  the  all- 
engrossing,  topic  of  discussion.  The  ardor  of  action  la 
redoubled  ;  and  all  the  artificial  passions  which  the  imagi- 
nation can  create  in  a  liappy  and  peacefid  land  are  agitated 
and  brought  to  light.  The  President,  moreover,  is  ab- 
sorbed by  the  cares  of  self-defence.  He  no  longer  governs 
for  tlie  interest  of  the  state,  but  for  that  of  liis  re-election  ; 
he  docs  homage  to  the  majority,  and  instead  of  checking 
its  passions,  as  his  duty  commands,  he  frequently  courts  its 
worst  caprices.  As  tbe  election  draws  near,  the  activity 
of  intrigue  and  the  agitation  of  the  populace  increase  ;  the 
citizens  are  divided  into  hostile  camps,  each  of  which  as- 
sumes the  name  of  its  favorite  candidate  ;  the  whole  nation 
glows  with  feverish  excitement  ;  the  election  ia  tlie  daily 
theme  of  the  public  papers,  the  subject  of  private  conver- 
sation, the  end  of  every  thought  and  every  action,  the  sole 
interest  of  the  present.  It  is  true,  that,  as  soon  as  the 
choice  is  determined,  this  ardor  is  dispeUed  ;  the  calm  re- 
turns ;  and  the  river,  which  had  nearly  broken  its  banks, 
sinks  to  its  usual  level  :  but  who  can  reirain  from  astonish- 
ment that  such  a  storm  should  have  arisen  ? 


DKMOCHACT  IN   AMERICA. 


RB-ELECriON    OF   THE   PRESIDENT. 

*  (ivi.  ih,>  lliwl  of  the  ExccDtire  Powur  is  ra-elijpble,  it  i>  the  State  which 
1»  tho  Si>iiifo  of  Inirigne  and  Corrnptioti.  —  The  Desire  of  being  re- 
olwiiil  ia  (lie  cliirf  Aim  of  a  PTvaident  of  the  CniiwI  Stnt^a,  —  Diiail- 
vantug,!  „f  tlic  Rc-eloction  peculfat  to  America.  —  Tho  Salural  Evil  of 
Di'Hiocraiy  ig,  that  it  gradoslly  Buhordiniilc»  all  Aathority  to  tho  eligbt- 
'*t  I>csire»  of  tho  Majoriij.  —  Tho  Rn-clettioD  of  the  Prcaiilont  eutour- 
nt^e  lliia  Evil, 

Were  the  legislators  of  the  United  States  right  or  wrong 
Ml  allowiiig  the  re-eiection  of  the  President?  It  aeems,  at 
Hrat  siirlit,  contrary  to  a]]  reason,  to  prevent  the  head  of 
">e  fXfentive  power  from  heing  elected  a  second  time. 
■ID©  influence  which  the  talents  and  the  character  of  a 
s'ïïgle  individual  may  exercise  upon  the  fate  of  a  whole 
People,  especially  in  critical  circnmstances  or  ardaons 
•unes,  is  well  known.  A  law  preventing  the  re-election 
<«  the  cliief  magistrate  would  deprive  the  citizens  of  their 
test  means  of  insuring  the  prosperity  and  the  secnrity  of 
the  commonwealth  ;  and,  by  a  singular  inconsistency,  a 
man  would  he  e^îcluded  from  the  government  at  the  very 
time  when  he  had  proved  his  ability  to  govern  weD. 

But  if  these  arguments  are  strong,  perhaps  still  more 
powerful  reasons  may  be  advanced  agùnst  them.  Intrigue 
and  corruption  are  the  natural  vices  of  elective  govem- 
tfient  ;  but  when  the  head  of  the  state  can  he  re-elected, 
these  evils  rise  to  a  great  height,  and  compromise  the  very 
existence  of  the  country.  When  a  simple  candidate  seeks 
to  rise  by  intrigue,  hia  manœuvTes  must  be  limited  to  a 
very  narrow  sphere  ;  but  when  the  chief  magistrate  enters 
the  lists,  he  borrows  the  strength  of  tbe  government  for 
bia  own  purposes.  In  the  former  case,  the  feeble  résolûmes 
□f  an  individual  are  in  action;  in  the  latter,  the  state 
df,  with  its  immense  inSuence,  is  busied  in  the  work  of 
oTuption  and  cabal.    The  private  citizen,  who  employs 


THE  FEDEBAL  CONSTITUTION.  178 

culpable  practices  to  acquire  power,  can  act  in  a  nuinnw 
only  indirectly  prejudicial  to  the  public  prosperity.  But  if 
the  representative  of  the  executive  descends  into  the  con^ 
bat,  the  cares  of  government  dwindle  for  him  into  second- 
rate  importance,  and  the  success  of  his  election  is  his  first 
concern.  All  public  negotiations,  as  well  as  all  laws,  are  to 
him  nothing  more  than  electioneering  schemes;  places 
become  the  reward  of  services  rendered,  not  to  tlie  nation, 
but  to  its  chief;  and  tlie  influence  of  the  gov^Timent,  if 
not  injurious  to  the  country,  is  at  least  no  longer  beneficial 
to  the  community  for  which  it  was  created. 

It  is  impossible  to  consider  the  ordinary  course  of  aiFairB 
in  the  United  States  without  perceiving  that  the  desire  of 
being  re-elected  is  the  chief  aim  of  the  President  ;  that  the 
whole  policy  of  his  administratioD,  and  even  his  most  ii^ 
different  measures,  tend  to  this  object  ;  and  that,  especially 
as  the  crisis  approaches,  his  personal  interest  takes  the 
place  of  liis  interest  in  the  public  good.  The  principle  of 
re-eli^bility  renders  the  corrupting  influence  of  elective 
governments  still  more  extensive  and  pernicious.  It  tends 
to  degrade  the  political  raorahty  of  the  people,  and  to  sub- 
stitute management  and  intrigue  for  patriotism. 

In  America,  it  injures  still  more  directly  the  very  sources 
of  national  existence.  Every  government  seems  to  be 
afflicted  by  some  evil  which  is  inherent  in  its  nature,  and 
the  genius  of  the  legislator  consists  in  having  a  clear  view 
of  tliis  evil.  A  state  may  survive  the  influence  of  a  host 
of  bad  laws,  and  the  mischief  they  cause  is  frequently  ex- 
aggerated ;  hut  a  law  which  enconrages  the  growth  of  the 
canker  within  must  prove  iktal  in  the  end,  although  its 
bad  consequences  may  not  be  immediately  perceived. 

The  principle  of  destruction  in  absolute  monarchies  lies 
in  the  unlimited  and  unreasonable  extension  of  the  royal 
power  ;  and  a  measure  tending  to  remove  the  constitutional 
{)rovi8ions  which  counterbalance  this  influence  would  be 


iU  namObwr  dP  I 


hiâicallj  ^36.à,  even  if  itt  i 

mtiittended  with  erS.  Bjr  poi^  flf  naamniig,  m  < 
tria  f^verned  by  a  doMCnKy,  iriwra  ^  peq>le  b'  pU^ 
p«tunlly  drawing  bQ  «nthor^  to  itael^  the  lairs  i^bAdi 
increase  or  accelento  dû  actk»  directly  attack  the  rtrj 
principle  of  the  gorammcnt. 

The  greatest  merit  of  dw  American  legislators  is,  dut 
ther  clearly  disemwd  dkit  tnith,  and  had  the  courage  to 
act  up  to  it.  llwy  eonoeÏTed  tbat  a  certain  anthtni^ 
^o\>*  the  body  of  the  people  was  necessary,  which  shonU 
H^y  a  di^T^e  of  independence  in  ita  sphere,  without  bong 
«ntin^ly  beyond  t}>e  popular  ccmtrol  ;  an  authority  which 
would  Im>  forced  to  comply  with  the  permanent  determina- 
tions of  tlic  majority,  but  which  would  be  able  to  resist  its 
capriiH'*,  and  refuse  its  most  dangerous  demands.  To  this 
end,  thoy  centred  the  whole  executive  power  of  the  nation 
in  a  single  arm  ;  they  granted  extensive  prerogatives  to  the 
President,  and  armed  him  with  tlie  veto  to  resist  the  en- 
rroarhmcnts  of  the  legislature. 

But  by  introducing  the  principle  of  re-election,  they 
partly  destroyed  their  work  ;  they  conferred  on  the  Presi- 
dent a  great  power,  but  made  liim  little  inclined  to  use  it. 
If  ineligible  a  second  time,  the  President  would  not  be  in- 
dependent of  the  people,  for  his  responsibility  would  not 
cease  ;  but  the  favor  of  the  people  would  not  be  so  neces- 
tÈÊTy  to  him  as  to  induce  him  to  submit  in  every  respect  to 
Its  desires.  If  re-eligible,  (and  this  is  especially  true  at 
flie  present  day,  when  political  morality  is  relaxed,  and 
*hen  groat  men  are  rare,)  the  President  of  the  United 
States  becomes  an  easy  tool  in  the  hands  of  the  majority. 
He  adopts  its  likings  and  its  animosities,  he  anticipates  its 
fishes,  he  forestalls  its  complaints,  he  yields  to  its  idlest 
lavings,  and  instead  of  guiding  it,  as  the  legislature  in- 
Bnded  that  he  should  do,  he  merely  follows  its  bidding, 
rhus,  in  order  not  to  deprive  the  state  of  the  talents  of  ia 


THE  FEDERAL  CONSTTTUTIOS.  ITS 

individual,  those  talente  have  been  rendered  almost  nseless; 
and  to  keep  an  expedient  for  extraordinaiy  perils,  the 
(viantr;  has  been  exposed  to  continual  dangers. 


FEDERAL   COURTS   OF  JTJSnCE.* 

Political  Importaora  at  the  Judicial^  in  the  Uiiilad  Smm.  —  Difficulty  of 
treating  tht»  Sulijcct  —  imii^  of  Jadidal  Foifct  in  Conféderatioii*.  — 

Whai  Tribuimls  oontd  be  inCrodaoed  iaU>  the  Union Ifeceni^  of  m> 

tablishJDg  Fedcisl  Cotms  of  JnMice.  —  Organiiation  of  the  National 
Jadinaty.  —  The  Supreme  Court.  —  In  what  it  diSén  ftum  all  knom 
Tribunats. 

I  HAVE  examined  the  legislative  and  executive  power  . 
of  the  Union,  and  the  judicial  power  now  remains  to  be 
considered  ;  hut  here  I  cannot  conceal  my  fears  from  the 
reader.  Their  judicial  institutions  exercise  a  great  inSu- 
ence  on  tlio  condition  of  the  Anglo-Americans,  and  th^ 
occupy  a  very  important  place  amongst  political  institu- 
tions, properly  so  called  :  in  this  respect,  they  are  pe- 
culiarly deserving  of  our  attention.  But  I  am  at  a  loss 
how  to  explain  the  political  action  of  the  American  tribu- 
nals without  entering  into  some  technical  detail»  respecting 
their  constitution  and  their  forms  of  proceeding;  and  I 
cannot  descend  to  these  minutiœ  without  wearying  tlie 
reader  by  the  natural  dryness  of  the  subject,  or  falling  into 
obscurity  through  a  desire  to  be  succinct.  I  can  scarcely 
hope  to  escape  these  different  evils.  Ordinaiy  readers  will 
complain  that  I  am  tedious,  lawyers  that  I  am  too  concise. 
But  those  are  the  natural  disadvantages  of  my  subject,  and 
especially  of  the  point  which  I  am  now  to  discuss. 

The  great  difficulty  was,  not  to  know  how  to  constitute 
the  Federal  government,  but  to  find  out  a  method  of  en- 
forcing its  laws.     Governments  have  generally  but  two 

*  Sco  Chapter  VI.,cutitled  "JodidalPoweriu  the  UnitcdStalca."  Hill 
duipter  ezplaini  the  general  piionplea  of  the  American  jodkiai]'. 


meuu  of  otetoomig  <|himiHii<(liW!<f  ib^i 
maetj,  the  phyBicfll  finB».«Wk jfr  «fe'^Mfe  «int'«lflll^ 
«ad  the  moral  iôroe  wUA  ÙHT  UAn  ttomè  ifcft  àadiâll 
(^  the  courb  of  justioe.  ■     i  "*"■ 

A  goTemmeot  which  diotild  hare  no  otber  meriH  -of 
exactmg  obedience  than  open  war,  maxt  be  Teiy  Bear  -iti 
ruin,  for  one  of  two  tbin^wodlct  then  probaUjr  hafpan I» 
it.  If  it  waa  weak  .snivtMBpw^  it  would  mort  tA-ni^ 
lance  only  at  the  last  MInniÉjs  and  wosU  tObrntiH  st 
aumj  partial  acta  of  inntbavdSBaliMl  j  then  Ae  BtMsiirMS 
gradually  &U  into  aoardly.  V  it  waa  cnteiptitftt^lÉI 
powerful,  it  would  emy  iaj  have  mconrae  to  phJniMl 
strength,  and  thus  would  lûon  &11  into  a  militaiy  dc^ot^^ 
ism.  Thus  its  actiTitj  and  its  inertziess  would  be  equally 
prejudicial  to  the  commnnity. 

The  great  end  of  justice  is,  to  substitnte  the  notion  of 
right  for  that  of  violence,  and  to  place  a  legal  barrier  be- 
tween the  government  and  the  use  of  physical  force.  It  ia 
a  strange  thing,  the  authority  which  is  accorded  to  the  io- 
tearention  of  a  court  of  justice  by  the  general  opinion  of 
mankind  I  It  clings  even  to  the  mere  formalities  of  justice, 
and  gives  a  bodily  influence  to  the  mere  shadow  of  the 
law.  The  moral  force  which  courts  of  justice  possess  ren- 
ders the  use  of  physical  force  very  rare,  and  is  frequently 
substituted  for  it  ;  but  if  force  proves  to  be  indispensable, 
its  power  b  doubled  by  the  association  of  the  idea  of  law. 

  federal  government  stands  in  greater  need  than  any 
other  of  the  support  of  judicial  institutions,  because  it  ia 
naturally  weak,  and  exposed  to  formidable  opposition.*     If 

*  Vedenl  l&m  an  thon  which  moM  reqiire  coarts  of  justira,  and  tbo«e, 
■t  the  asms  time,  whicb  have  mon  taiel;  established  them.  The  toaaon  ii, 
that  conredcratioDB  have  oinallf  been  formed  hj  independent  stales,  wldch 
bad  DO  real  iotendOD  of  ot>e;ing  the  central  government  ;  and  tliongh  liiej 
leadil;  ceded  thai  right  of  command  to  Ae  MDOal  govormaent,  th^  ca»- 
M^  reaertvd  the  light  of  d 


THE  FEDERAL  CONBTmjTlON.  177 

Lt  were  always  obliged  to  resort  to  violence  in  the  first  ia- 
«taace,  it  could  not  fijfil  its  task.  The  Union,  therefore, 
stood  in  spécial  need  of  a  jndiciaiT'  to  make  its  citizem 
obey  the  laws,  and  to  repel  the  attacks  which  might  be 
directed  against  them.  But  what  tribunals  were  to  exei^ 
cise  these  privileges  ?  Were  they  to  bo  intrusted  to  the 
courts  of  justice  which  were  already  organized  in  every 
State  ?  Or  was  it  necessary  to  create  Federal  courts  ?  It 
may  easily  be  proved  that  the  Union  could  not  adapt  to  iti 
wants  the  judicial  power  of  the  States.  The  separation  <£ 
the  judiciary  from  the  other  powers  of  the  state  is  nece»- 
sary  for  the  security  of  each,  and  the  liberty  of  all.  Bnt 
it  is  no  less  important  to  the  existence  of  the  nation, 
that  the  several  powers  of  the  state  shoidd  have  the  same 
origin,  follow  the  same  principles,  and  act  in  the  same 
^here  ;  in  a  word,  that  they  should  he  correlative  and  ho- 
mogeneous. No  one,  I  presume,  ever  thought  of  causing 
offences  committed  in  France  to  be  tried  by  a  foreign  court 
of  justice,  in  order  to  insure  the  impartiality  of  the  judges. 
The  Americans  form  but  one  people  in  relation  to  thar 
Federal  government  ;  but  in  the  bosom  of  this  people  di- 
vers political  bodies  have  been  allowed  to  subsist,  which 
are  dependent  on  the  national  government  in  a  few  pointa, 
and  independent  in  all  the  rest,  —  which  have  all  a  distinct 
origjn,  maxims  peculiar  to  themselves,  and  special  means 
of  carrying  on  their  af^irs.  To  intrust  the  execution  of 
the  laws  of  the  Union  to  tribunals  instituted  by  these 
poUtical  bodies,  would  be  to  allow  foreign  judges  to  preside 
over  the  nation.  Nay,  more  ;  not  only  is  each  State  for- 
eign to  the  Union  at  large,  but  it  is  a  perpetual  adversary, 
since  whatever  authority  the  Union  loses  turns  to  the  ad- 
vantage of  the  States.  Thus,  to  enforce  the  laws  of  the 
Union  by  means  of  the  State  tribunals  would  be  to  allow 
not  only  foreign,  but  partial,  judges  to  preside  over  the 


VtS  DEUOCBACT   IN  AUERIOi. 

Bat  tl>o  number,  still  more  than  the  mere  character,  of 
tlio  State  iHbiinaU.  made  thorn  unfit  for  the  service  of  the 
nation.  When  the  Federal  Constitution  waa  foimod,  there 
■wens  already  tliirWen  courte  of  justice  in  the  United  States,  ' 
whicli  decided  causes  without  appeal.  ThaJ  nMsber  is 
BOW  inorcasod  to  twenty-four  [thirty-fourjt^'^^uppose 
Ihat  A  xtato  can  subsist,  when  its  fundamental  laws  ore 
■  mljjoctctl  to  four-and-twenty  different  interpretations  at 
IIm  nnia  time,  is  to  advance  a  proposition  alike  contrary 
lf>  roiLoon  and  to  experience. 

The  American  hffàutou  thenfine  agreed  to  (arast»  » 
Federal  judidal  power  to  mppfy  llie  Iswa  of  &e  UnioBi.^l 
to  determine  certain  questions  affecting  genend  ïntereris, 
which  were  carefully  defined  beforehand.  The  eAtire  jndi- 
Olil  power  of  the  Union  was  centred  in  one  tribunal,  called 
the  Supreme  Court  of  the  United  States.  But,  to  fecOi- 
tate  the  expedition  of  business,  inferior  courts  were  ap- 
pended to  it,  which  were  empowered  to  decide  causes  of 
small  importance  without  appeal,  and,  with  appeal,  causes 
of  more  magnitude.  The  members  of  die  Supreme  Court 
are  appointed  neither  by  the  people  nor  the  le^lature,  bat 
by  the  President  of  tlie  United  States,  acting  with  the 
advice  of  tlie  Senate.  In  order  to  render  them  Indepen- 
dent of  the  other  authorities,  their  office  was  made  inalien- 
able ;  and  it  was  determined  that  their  salary,  when  once 
fixed,  should  not  be  diminished  by  the  le^slature.*  It 
was  easy  to  proclaim  the  principle  of  a  Federal  judiciary, 
bnt  difficulties  multiplied  when  the  extent  of  its  jurisdiction 
was  to  be  determined. 

*  Tho  Union  mi  divided  into  districti,  in  csfli  of  vhich  a  resident  Fed- 
sal  jndge  irai  appointed,  and  lbs  conrt  in  which  ho  presided  was  Icrmed  a 
""  DittricI  Conn."  Each  of  the  judges  of  the  Supreme  Court  annnatlf  rinU 
%  certain  portion  of  tha  cosntij,  in  order  to  try  the  most  important  cawBi 
ttpoD  tho  spot;  the  conn  pre«ided  orer  by  this  magistiato  is  styled  a  "Cir- 
cuit Court ."  Loatlj,  all  the  most  serions  cases  of  litigation  are  bronglit, 
^j^^gf  primarily  or  b;  ^ipeali  before  the  Snpremo  Conit,  irhich  holds  a 


THE  FEDERAL  COHSTITUTIOH. 


Sifflcnltj  of  determiniiig  the  JnrigdictioQ  of  the  difibient  Courto  of  Jnstloa 
in  ConfbdeiBtions.  —  Th«  Conns  of  the  Union  obtained  the  Right  of 
Exing  their  own  Juriadiction.  —  In  what  RepecU  this  Rnle  attacks  tha 
Portion  of  Sovereignty  reaeircd  to  the  iCTeral  Scatca.  —  The  Sorei- 
eignty  of  these  States  reatiicted  by  the  I«irt  and  by  the  Interpretatiui 
of  the  Ism. — Danger  thiu  incoired  b^  the  leTeral  States  more  ^par- 
ent than  reaL 

As  the  constitation  of  the  United  States  recognized  two 
distinct  sovereignties,  in  presence  of  each  other,  repre- 
sented in  a  judicial  point  of  vie^  by  two  distinct  classes  of 
courts  of  justice,  the  utmost  care  taken  in  defining  their 
separate  jurisdictions  would  have  been  insufficient  to  pr^ 
vent  frequent  collisions  between  those  tribunals.  The 
question  then  arose,  to  whom  the  right  of  deciding  the 
competency  of  each  court  was  to  he  referred. 

In  nations  which  constitute  a  single  body  politic,  when  a 
question  of  jurisdiction  is  debated  between  two  courts,  a 
third  tribunal  is  generally  within  reach  to  decide  the  dif- 
ference; and  this  is  effected  without  difficulty,  because, 
in  these  nations,  questions  of  judicial  competency  have  no 
connection  with  questions  of  national  sovereignty.  But  it 
was  impossible  to  create  an  arbiter  between  a  superior 
court  of  the  Union  and  the  superior  court  of  a  separate 
State,  which  would  not  belong  to  one  of  these  two  classes. 
It  was  therefore  necessary  to  allow  one  of  these  courts  to 

ioleniD  ecssion  once  a  year,  at  which  aU  the  jadgea  of  the  Circuit  Courts  mu«t 
attend.  Tho  jary  wae  introdnced  into  the  Federal  courts,  in  tha  same 
tnaoner,  and  for  the  same  cases,  as  into  the  conrti  of  the  States. 

It  will  be  obccrved  that  no  analogy  exists  between  the  Supremo  Conit  ta 
the  United  States  and  the  French  Caur  dt  Caua^on,  s[nce  tho  latter  ooly 
bean  appeals.  The  Snpieme  Conrt  judges  of  tho  fact,  as  welt  as  the  law, 
of  the  case  ;  the  Cour  de  Camotioa  doe*  not  pronoonce  a  decision  of  Iti 
own,  but  refer*  the  causa  to  amodier  tribnnaL 


■«uj  uic  atvaiKiguiy  oi  me  uiuon  (to  Jaato, 
established  it  de  jure;  for  the  interpretation  ol 
tuttnii  iviiiilil  soon  have  restored  to  the  States 
of  iiuk']ien(!ein.'e  of  ivhieh  the  tenns  of  tlic 
deprived  tliem.  The  object  of  creating  a  Futi 
was  to  prevent  the  State  courta  irom  decidiii 
its  own  fashion,  questions  affecting  the  natior 
and  BO  to  form  a  uniform  body  of  JurLtpi-udt 
interpnUution  of  tlie  laws  of  tlie  Union.  Thi 
not  have  been  attained  if  the  conrts  of  the  se 
even  while  they  abstained  from  deciding  casi 
Federal  in  their  nature,  had  been  able  to  dec 
pretending  that  they  were  not  Federal.  Tl 
Court  of  the  United  States  was  therefore  ir 
the  right  of  determining  all  questions  of  jurisdi 
Tliis  was  a  scTere  blow  to  the  sovereignty  of 
which  was  thus  restricted  not  only  by  the  laws 
interpretation  of  them,  —  by  one  hmit  which 
and  by  another  which  was  dubious,  —  by  a  ruli 
certain,  and  one  which  was  arbitrary.  It  is  tn 
atitution  had  laid  down  the  precise  limits  of 
mpromacy  ;  bnt  whene\*er  this  supremacy  is  c 
one  of  the  States,  a  Federal  tribunal  decides  t 
Norerthelesa.  the  danirpr*  with  w],:/.>.  »!.«  ;"J- 


TES  FEDERAL  CONSimmOM.  181 

âiat,  in  America,  the  icol  power  is  vested  in  the  States  &r 
more  than  in  the  Federal  government.  The  Federal 
jadges  are  conscious  of  the  relative  weakness  of  the 
power  in  whose  name  thej  act;  and  they  are  more  'a^■ 
clined  to  abandon  the  right  of  jurisdiction,  in  cases  where 
the  law  gives  it  to  them,  than  to  ass^t  a  privilege  to 
which  th^  have  no  legal  claim. 


DIFFSRENT  CASES   OF   lURISDICIlOIt. 

The  Mittor  uid  the  Party  are  the  Flnt  Conditioiu  of  the  Fledent  Jnriidfe' 
tioD.  —  BnitB  in  which  Ambaiiadon  m  engaged.  —  Or  Cha  Union.  — 
Or  a  separate  Slate. — By  whom  tried.  —  (!aa>«<  nsalting  fiom  dn 
Laws  of  the  UiJod.  —  Why  jndged  by  tbe  Federal  Tribnnala.  —  CaOMM 
telating  to  the  Non-peiformance  of  Contracts  tried  by  the  Federal  Conita. 
—  Coosequencea  of  thii  Anangement. 

After  establishing  the  competency  of  the  Federal  conrts, 
the  legislators  of  the  Union  defined  the  cases  which  shonld 
come  within  their  jimadiction.  It  was  determined,  on  the 
one  hand,  that  certain  parties  mnst  always  be  brought 
before  the  Federal  courts,  without  regard  to  the  special 
nature  of  the  suit  ;  and,  on  the  other,  that  cert^  causes 
must  always  be  brought  he&re  the  same  courts,  no  mat- 
ter who  were  the  parties  to  them.  The  party  and  the 
cause  were  therefore  admitted  to  he  the  two  bases  of  Fed- 
eral jurisdiction. 

Ambassadors  represent  nations  in  amity  with  the  Union, 
and  whatever  concerns  these  personages  concerns  in  some 
degree  the  whole  Union.  When  an  ambassador,  therefore, 
is  a  party  in  a  suit,  its  issue  afiects  the  welfare  of  the 
nation,  and  a  Federal  tribunal  is  naturally  called  upon  to 
decide  it. 

The  Union  itself  may  be  involved  in  legal  proceedings 
and,  in  this  case,  it  would  be  contrary  to  reason  and  to  the 
customs  of  all  nations  to  appeal  to  a  tribunal  representing 


ISS  DEHOORACT  m   AMEBICA. 

tny  otiier  sovereignty  tlian  ïts  own:   the  Federal  cotirU 
alone,  therefore,  take  cognizance  of  these  affairs. 

When  two  parties  belonging  to  two  dift'ereiit  Statca  ara 
engaged  in  a  suit,  the  case  cannot  witli  propriety  be 
brought  before  a  court  of  either  State.  The  surest  exp&- 
dient  is  to  select  a  tribunal  which  can  excite  the  suspicions 
of  neither  party,  and  this  is  naturally  a  Federal  court. 

When  the  two  parties  are  not  private  individuals,  but 
States,  an  important  political  motive  is  added  to  the  same 
consideration  of  equity.  The  quality  of  the  parties,  in 
this  case,  gives  a  national  importance  to  all  their  disputes; 
and  the  most  trifling  htigation  between  two  States  may  bSv 
said  to  involve  the  peace  of  the  whole  Union.* 

The  nature  of  the  cause  frequently  prescribes  the  mle 
tyf  competency.  Thus,  all  questions  which  concern  marw 
time  afiurs  evidently  fall  under  the  cognizance  of  the  Fed- 
eral tribunals.!  Almost  all  these  questions  depend  on  the 
interpretation  of  the  law  of  nations  ;  and,  in  this  respect, 
they  essentially  interest  the  Union  in  relation  to  foreign 
powers.  Moreover,  as  the  sea  is  not  mcluded  within  the 
limits  of  any  one  State  jurisdiction  rather  than  another, 
only  the  national  courts  can  hear  causes  which  origînatâ  in 
maritime  affairs. 

■   The  Constitution  comprises  under  one  head  almost  all 
the  cases  which,  by  their  very  nature,  come  before  the 

•  The  Cooatinitioa  also  ïajv  that  the  Fcdaral  coarU  «bsD  decide  "  con. 
froTciBieB  between  &  State  luiil  Uie  cicizcug  of  anoiher  Sute."  And  here  t, 
non  important  question  uoee,  —  whether  the  joiisdictioD  given  b^  the  Con- 
Mitation,  in  cases  in  which  a  State  i»  »  party,  extended  to  «aim  brooglit 
Ofvonri  a  Slate  a»  well  as  i^  it,  or  was  excliuivelj  confitied  to  the  latter. 
The  question  was  most  elaborately  coasideitd  in  the  case  of  Ckishalm  v. 
Gtorgia,  and  wai  decided  by  the  mojori^  of  (he  Supreme  Court  in  the  at 
finnotive.  The  decision  created  general  alarm  among  the  Statea,  and  an 
amendment  was  proposed  and  ratified,  by  which  the  powcz  was  enliTaly 
taken  away  m  fkr  n«  it  regai^  suits  brought  offoinil  a  State. 

t  As,  for  instance,  aU  caoea  of  piracy. 


THE   FEDERAL   CONETITUTIpN.  ISf 

Federal  courts.  The  rule  which  it  lays  down  is  simple^ 
bat  pregnant  with  an  entire  system  of  ideas,  and  with  a 
mollitade  of  iacts.  It  declares  that  the  judicial  power  of 
the  Supreme  Court  shall  extend  to  all  cases  in  law  and 
eqni^  anting  under  the  lawi  of  the  United  Stales. 

Two  examples  will  put  the  intention  of  the  le^lator  in 
the  clearest  light. 

The  Constitution  prohibits  the  States  from  making  laws 
OD  the  value  and  circulation  of  money.  If,  notwithstand- 
ing this  prohibition,  a  State  passes  a  law  of  this  kind,  with 
which  the  interested  parties  refuse  to  comply  because  it  is 
contrary  to  the  Constitution,  the  case  must  come  before  » 
Federal  court,  because  it  arises  under  the  laws  of  the 
United  States.  Again,  if  diiBculdes  arise  in  the  levying 
of  import  duties  which  have  been  voted  by  Congress,  the 
Federal  court  must  decide  the  case,  because  it  arises  under 
the  interpretation  of  a  law  of  the  United  States. 

This  rule  is  in  perfect  accordance  with  the  fundamental 
principles  of  the  Federal  Constitution.  The  Union,  as  it 
was  established  in  1789,  possesses,  it  is  true,  a  limited  sov- 
ereignty; but  it  was  intended  that,  within  its  Umits,  it 
should  form  one  and  the  same  people.*  Within  those 
limits,  the  Union  b  soveràgn.  When  this  point  is  esr 
tablished  and  admitted,  the  inference  is  easy  ;  for  if  it  be 
acknowledged  that  the  United  States,  witliia  the  bounds 
prescribed  by  their  Constitution,  constitute  but  one  people, 
it  is  impossible  to  refuse  them  the  rights  which  belong  to 
other  nations.  But  it  has  been  allowed,  from  the  origin  of 
society,  that  every  nation  has  the  right  of  deciding  by  lis 
own  courts  those  questions  which  concern  the  execution 

*  This  principle  wu,  ia  aome  measure,  reitricMd 
the  •ereral  States  as  indepcmlBnt  ponors  >ii( 
them  to  Tote  separ&telj  in  the  House  of  ]topr«iioala<li 
U  etecied  bj  tbat  bod/.    But  these  ate  exccpiiona, 
ii  the  rule. 


184  DEMOCBACT  IN   AKERICA. 

of  its  own  laws.  To  this  it  is  answered,  that  the  Union  is 
in  BO  singular  a  position,  that,  in  relation  to  some  matters, 
it  constitutes  but  one  people,  and  in  relation  to  all  tJie  rest, 
H  is  a  nonentity.  But  the  inference  to  be  drawn  is,  that, 
in  the  laws  relating  to  these  matters,  the  Union  possesaes 
all  the  rights  of  absolute  sovereignty.  The  difficulty  ia  to 
know  what  these  matters  are  ;  and  when  once  it  is  re- 
solved, (and  we  have  shown  how  it  was  resolved,  in  speak- 
ing of  the  means  of  detennining  the  jurisdiction  of  the 
Federal  courts,)  no  further  doubt  can  arise  ;  tor  as  soon  as 
it  is  established  that  a  suit  is  Federal,  that  is  to  say,  that  it 
belongs  to  the  share  of  sovereignty  roaorved  by  tlie  Consti- 
tndon  to  the  Union,  the  nutuml  consequence  is,  that  it 
should  come  within  the  jurisdiction  t£  a  Federal  court. 

Whenever  the  laws  of  the  United  States  are  attacked^ 
or  whenever  they  are  resorted  to  in  self-defence,  the  Fed- 
eral courts  must  be  appealed  to.  Thus  the  jurisdiction  of 
aie  tribunals  of  the  Union  extends  and  narrows  its  limits 
exactly  in  the  same  ratio  as  the  sovereignty  of  the  Union 
augments  or  decreases.  We  have  shown  that  the  principal 
aim  of  the  legislators  of  1789  was  to  divide  the  sovereign 
authority  into  two  parts.  In  the  one,  they  placed  the  con- 
trol of  all  the  general  interests  of  the  Union,  in  the  other, 
the  control  of  the  special  interests  of  its  component  States. 
Their  chief  solicitude  was,  to  arm  the  Federal  government 
•with  sufficient  power  to  enable  it  to  resist,  within  its  sphere, 
the  encroachments  of  the  several  States.  Aa  for  these 
communities,  the  general  principle  of  independence  within 
certain  limits  of  their  own  was  adopted  in  their  behalf; 
there  the  central  government  cannot  control,  nor  even 
inspect,  their  conduct.  In  speaking  of  the  division  of  au- 
thority, I  observed  that  this  latter  principle  had  not  always 
been  respected,  since  the  States  are  prevented  from  passing 
certain  laws,  which  apparently  belong  to  their  own  partio- 
nlar  sphere  of  interest.    When  a  State  of  the  Union  passes 


THE  FEDERAL   0(»I&1TnmOH.  186 

a  lav  of  this  kind,  the  citizens  who  are  injured  hy  its  ez" 
ecation  can  appeal  to  the  Federal  conrta. 

Thus  the  jnrisdictioa  of  the  Federal  courts  extends,  not 
aiAj  to  all  the  cases  which  arise  under  the  laws  of  the 
Union,  bot  also  to  those  which  arise  under  laws  made  l^ 
the  several  States  in  opposition  to  the  Constitation.  The 
States  are  prohibited  from  making  ex-pott-faeto  laws  in 
criminal  cases  ;  and  any  person  condemned  by  virtue  of  a 
law  of  this  kind,  can  appeal  to  the  judicial  power  of  the 
Union.  The  States  are  likewise  prohibited  from  making 
laws  which  may  impair  the  obligation  of  contracts,*  If  a 
citizen  thinks  that  an  obhgatioQ  of  this  kind  is  impaired  by 
a  law  passed  in  his  State,  he  may  refuse  to  obey  it,  and 
may  appeal  to  die  Federal  courts, f 

*  It  is  perfectly  clear,  mjb  Mr.  Storj,  (Commentsriei,  p.  SOS,  or  in  &• 
large  edition  §  1379,)  ihM  an;  law  which  enhtrgeB,  abridges,  or  in  any  id«ii< 
Her  changea  the  intention  of  the  paitiM,  tetnlting  from  the  atipiilations  ia 
the  contract,  neccesarilj  iiDpaiia  it  He  ^res  in  the  same  place  a  rcrj  can- 
loi  definition  of  what  is  nndenlood  hy  a  contract  in  Federal  Jurisprudence. 
The  definition  is  veiy  broad.  A  grant  made  b;  the  State  to  a  prirate  indi- 
vidual, and  accepted  bj  him,  it  a  contract,  and  caimot  be  t«voked  by  ttaj 
filtiue  law.  A  charter  granted  bj  the  State  to  a  company  is  a  contract,  and 
equally  binding  oa  the  State  aa  On  the  grantee.  The  clause  of  the  Constitu* 
tion  here  referred  to  insure*,  âiercfoie,  the  existence  of  a  groat  part  of  ac- 
quired rightB,  but  not  of  all.  Property  may  legally  be  held,  though  it  may 
not  have  passed  into  (he  powewor's  handi  by  mean*  of  a  contiact  ;  and  tti 
poescssioa  is  an  acquired  right,  not  gnaranteed  by  the  Federal  Constitution. 

t  A  remailtable  instance  of  this  ia  g^ven  by  &Ir.  Story  (p.  SOS,  or  in  the 
Urge  edition  J ISSS).  «Dartmootb  College  in  New  Hainpaliire  had  been 
founded  by  a  charter  granted  to  certain  individuals  befbre  the  American 
Berolucton,  and  its  tnisteea  fbnned  a  corporation  under  this  charter.  The 
législature  of  New  Hampsfaira  had.  without  the  consent  of  this  corpomtion, 
passed  an  act  changing  the  term*  of  the  original  charter  of  the  Collt^,  and 
transferring  all  the  rights,  privilegta,  and  franchisct  d 
charter  to  new  trustees  appointed  under  ihe 
the  act  was  coutoatcd,  and  the  cause  was  cai 
eral)  Court,  where  [t  was  held,  that  the  Provindi 
within  the  meaoing  of  the  Conititntion,  and  thai  fl 
Bttetly  TOtd,  as  impairing  the  ohiigatii 


186  DEHOcBAcr  ra  ahebica. 

This  provision  appears  to  mo  to  be  the  moat  serioiu 
attack  upon  the  independence  of  tlie  States.  The  rights 
accorded  to  the  Federal  government  for  purposes  obWously 
national  are  definite  and  easily  understood:  hat  tliose  witli 
which  tliia  clause  invests  it  are  neither  clearly  appreciable 
nor  accurately  defined.  For  there  are  many  politicul  laws 
which  affect  the  existence  of  contracta,  which  might  thus 
Ornish  a  pretest  for  the  encroachments  of  tlie  central  au- 
thority.* 

*  The  BppnhflDEiona  expnsscd  in  this  puagraph  «xta  lo  bo  nnfanndlHl. 
Tho  object  of  tho  clanse  in  (be  Constiiotion  respecting  contracta  is  not  so 
mocli  CO  streni^en  (he  Fcilctal  goTemmâDt  aa  to  protect  priratc  indii'idunli 
■gainst  liiUTiiful  and  unjnsl  Stale  Ipgiitlatioii.  It  doC!  not  limit  ihc  power 
of  the  8t«ie«,  «Kcept  ij  prahitniing  tlieni  from  committine  podtiTe  vnong; 
They  can  still  legislate  npon  the  snhjeet  otjiiture  contracta  ;  tbey  can  pie- 
•cribe  nhat  contracts  aball  be  fonoed,  and  boir  ;  bnt  thej  cannot  impair  any 
thu  BTO  already  made.  Anj  law  which  «boald  aathoriie  tho  breach  of  s  con- 
tract already  made,  ol  in  any  way  impair  ila  obligation,  wonld  be  obvioiuly 

Moreover,  ai  Mr.  Spencer  observes,  the  anthor  ii  in  error  "  in  supposing 
the  judiciary  of  the  United  Slates,  and  particukrlr  the  Supreme  Court,  to 
be  a  part  of  the  poiiticai  Federal  goTomment.  and  a  ready  instrument  to  ex- 
«eate  its  designs  upon  the  Sisto  auAoiilies.  Although  the  judj:^  are  in 
form  eommi^oncd  by  Che  United  States,  yet  they  ai«  in  fact  appointed  by 
the  dcleg:ates  of  the  States,  in  tho  Senate  of  the  United  States,  coDcumocly 
with  and  acting  apon  tbe  nomination  of  the  President.  In  truth,  the  jn> 
didary  have  no  political  duties  to  pcifonn  ;  they  are  arbiters  chosen  by  the 
Federal  and  State  governments  jointly,  and,  when  appointed,  as  independent 
of  ODB  as  of  the  other.  They  cannot  be  removed  without  the  consent  of 
tbe  States  repnsentcd  in  the  Senate  ;  and  they  can  be  removed  nithouc  the 
consent  of  the  Preùdent,  and  against  his  wishes.  Snch  is  the  theory  of  the 
Coostilatioii.  And  it  has  been  felt  practically,  in  the  rejection  by  the  Seitate 
of  persons  nominated  ta  judges  by-  a  President  of  the  same  political  paitj 
with  A  minority  of  the  Senators.  Two  insiancet  of  this  kind  occurred  dor 
log  tbe  admiuistntlon  of  Mr.  leHsnou," — An.  En. 


THB  TKDESAL  C0N3TITDTI0N. 


FBOCEDUBE   OF  THB    FEDEBAL   COUBTS. 

HUnnl  WeaknESB  of  the  Jndidal  Power  in  Cooibdentioiu.  —  Legùlaton 
ought,  a»  mach  u  powible,  lo  bring  PriTUs  Individaali,  And  not  SIkU^ 
bdbre  (he  Federal  ConrU.  —  Hov  the  Americaiu  bave  mcceeded  in  this. 

—  Direct  Prosecatioii  o(  Private  Indiridosb  in  tb«  Federal  ConrO.  — 
Indirect  PraaecDtion  of  the  States  whidi  violate  tbe  Iawi  of  the  Union. 

—  Tbe  Decrees  of  the  Supreme  Court  enervate,  bat  do  not  deatroj,  Û» 
Bum  I«wa. 

I  HATE  shown  what  the  rights  of  the  Federal  courts  are, 
and  it  is  no  less  important  to  show  how  they  are  exercised. 
The  irresistible  authority  of  justice  in  countries  in  which 
the  sovereignty  is  undivided,  is  derived  &oui  the  &ct,  tliat 
the  tribunals  of  those  countries  represent  the  entire  nation 
at  issue  with  the  individual  agtunst  whom  their  decree  is 
directed  ;  and  the  idea  of  power  is  thus  introduced  to  coi^ 
roborate  the  idea  of  right.  But  it  is  not  always  so  in 
countries  in  which  the  sovereignty  is  divided  ;  in  them,  the 
judicial  power  is  more  frequently  opposed  to  a  fraction  of 
the  nation,  than  to  an  isolated  individual,  and  its  moral 
authority  and  physical  strength  are  consequently  dimin- 
ished. In  Federal  states,  the  power  of  the  judge  is  natu- 
rally decreased,  and  that  of  the  justiciable  parties  is  au^ 
mented.  The  aim  of  the  legislator  in  confederate  states 
ought  therefore  to  be,  to  render  the  position  of  the  courts 
of  justice  analogous  to  that  which  they  occupy  in  coun- 
tries where  the  sovereignty  is  undivided  ;  in  other  words, 
his  efforts  ought  constantly  to  tend  to  maintain  the  jud^ 
cial  power  of  the  confederation  as  the  representative  of  the 
nation,  and  the  justiciaUe  party  as  the  representative  of 
an  individual  interest. 

Every  government,  whatever  may  he  ita  constitution, 
requires  the  means  of  constraining  its  subjects  to  discharge 
their  obHgations,  and  of  protecting  itâ  privileges  from  their 
assaults.    As  &r  as  the  direct  action  of  the  government  on 


the  same  people  within  the  limits  laid  dowir  I 
Btitutioii,  the  inference  was  that  the  govenim 
l>v  this  constitution,  and  acting  within  these 
hivested  with  all  the  privilèges  of  a  national  g 
one  of  the  principal  of  which  is  the  right  of  t 
it«  injunctions  directly  to  the  private  citizen. 
instance,  the  Union  votes  an  impost,  it  does  n 
the  Stat^  for  the  levying  of  it,  but  to  every  An 
isen,  in  proportion  ta  his  assessment.  The  Supr 
which  is  empowered  to  enforce  the  execution 
of  the  Union,  exert*  its  hiftuence  not  upon  s 
State,  but  upon  the  private  tax-payer  ;  and,  Hk 
rial  power  of  other  nations.  It  acts  only  upon  th 
on  individual.  It  is  to  be  observed  that  tlie  1 
itii  own  Biitagoniat  ;  and  as  tliat  antagonist  is  P 
lutumllj  worsted. 

But  the  difficulty  increases  when  the  proceed] 
brought  forward  bif,  but  against,  tlie  Union.  1 
tation  recoguizea  the  legislative  power  of  the  Ï 
•  law  enacted  by  that  power  may  violate  the  rij 
Union.  In  this  case,  a  collision  is  unavoidabl 
that  body  and  tlie  State  which  has  passed  the  b 
remmns  to  select  the  least  dan^rous  rem 


THE   FEDEBAL  CONSTTTUTIDN.  189 

wonid  thns  have  been  placed  in  direct  opposition  to  the 
State,  and  it  was  desirable  to  avoid  this  predicament  as 
much  as  possible.  The  Americans  hold  that  it  is  nearly 
impossible  that  a  new  law  should  not  injure  some  private 
interests  by  its  provisions.  These  private  interests  are  a^ 
sumed  by  the  American  legislators  as  the  means  of  assail- 
ing such  measures  as  may  be  prejudicial  to  the  Union,  and  ■ 
it  is  to  these  interests  that  the  protection  of  the  Supreme 
Court  is  extended. 

Suppose  a  State  sells  a  pordon  of  its  public  lands  to  a 
company,  and  that,  a  year  afterwards,  it  passes  a  law  by 
which  the  lands  are  otherwise  disposed  of,  and  that  clause 
of  the  Constitution  which  prohîlûts  laws  impairing  the 
obligation  of  contracts  is  thereby  violated.  When  the  puiw 
chaser  under  the  second  act  appears  to  take  possession,  the 
possessor  under  the  first  act  brings  his  action  before  the 
tribunals  of  the  Union,  and  causes  the  title  of  the  claimant 
to  be  pronounced  null  and  void.*  Thus,  in  point  of  fact, 
the  judicial  power  of  the  Union  is  contesting  the  claims  of 
the  sovereignty  of  a  State  ;  but  it  acts  only  indirectly,  and 
upon  an  apphcation  of  det^.  It  attacks  the  law  in  its 
consequences,  not  in  Its  principle,  and  rather  weakens  than 
destroys  it. 

The  last  case  to  be  provided  for  was,  that  each  State 
formed  a  corporation  enjoying  a  separate  existence  and  dis- 
tinct civil  rights,  and  that  it  could  therefore  sue  or  be  sued 
before  a  tribunal.  Thus,  a  State  could  bring  an  action 
against  another  State.  In  this  instance,  the  Union  was 
not  called  upon  to  contest  a  State  law,  but  to  try  a  suit  in 
which  a  State  was  a  party.  This  suit  was  perfectly  sim- 
ilar to  any  other  cause,  except  that  the  quality  of  the  par- 
ties was  different  ;  and  here  the  danger  pointed  out  at  tlie 
beginning  of  this  chuter  still  exists,  with  less  chance  of 
brang  avoided.     It  is  inherent  in  the  very  essence  of  Fed-  ' 

t,  YoL  L  p.  avi. 


140  iKHOcuOT  iir  mmci. 

«nl  «mstitiitioiu,  that  Aey  ahmld  create  partka  in  dw 
bosom  of  the  nadtm,  which  présent  poweribl  obltadei  to 
^  free  coone  of  justice. 


No  Nuioii  em  eoDtdtittad  m  gnM  •  Jodidal  Pomr  h  tlw  AnericKM.  — 
Extent  of  Itt  FmogatiTN.  — IB  FolitlaÉl  Infloence.— The  TiaaqnllllÇ 
and  tba  tcij  Exiitenu  of  ths  Unioii  dqwnd  on  una  DlMndcm  of  As 
Mren  FedenI  Jndget. 

When  we  have  examined  in  detul  the  organization  cf 
âte  Supremo  Court,  and  the  entire  prerogatives  which  it 
exercises,  we  shal]  readily  admit  that  a  more  imposing 
Judicial  power  was  never  constituted  by  any  people.  The 
Snprcme  Court  is  placed  higher  than  any  known  tribunal, 
both  hy  the  nature  of  its  rights  and  the  class  of  justiciable 
parties  which  it  controb. 

In  all  the  ci\'ihzed  countries  of  Europe,  the  government 
has  always  shown  the  greatest  reluctance  to  allow  the  cases 
in  which  it  was  itself  interested  to  be  decided  by  the  ordi- 
nary course  of  justice.  This  repugnance  is  naturally 
greater  as  the  government  is  more  absolute  ;  and,  on  the 
other  hand,  the  pri\*ileges  of  the  courts  of  justice  are  ex- 
tended with  the  increasing  liberties  of  the  people  ;  but  no 
Buropcan  nation  has  yet  held  that  all  judicial  controvei^ea, 
without  regard  to  their  origin,  can  be  left  to  tiie  judges  of 
common  law. 

In  America,  this  theory  has  been  actually  put  in  prac- 
tice ;  and  the  Supreme  Court  of  the  United  States  is  the 
•ole  tribunal  of  tlie  nation.  Its  power  extends  to  all  cases 
«rising  under  laws  and  treaties  made  by  the  national  aa- 
Aonties,  to  all  cases  of  admiralty  and  maritime  jurisdiction, 
and,  in  general,  to  all  points  which  affect  the  law  of  nations. 


THB  FEDEBAL  COKSTmJTMttT.  -191 

It  may  even  be  affirmed  that,  although  its  constSttition  is 
essentially  judicial,  its  prerogatiTes  are  almost  entirely  po- 
litical. Its  sole  object  is  to  enforce  the  execation  of  the 
laws  of  the  Union  ;  and  the  Union  only  regulates  the  rela- 
tions of  the  government  with  the  citizens,  and  of  the  na- 
tion with  foreign  powers  :  the  relations  of  citizens  amongst 
themselves  are  almost  all  regulated  by  the  sovereignty  of 
the  States. 

A  second  and  still  greater  cause  of  the  preponderance 
of  this  court  may  be  adduced.  In  the  nations  of  Europe, 
the  courts  of  justice  are  only  called  upon  to  try  the  con- 
troversies of  private  individuals  ;  but  the  Supreme  Court 
of  the  United  States  sommons  sovereign  powers  to  its  bar. 
When  the  clerk  of  the  court  advances  on  the  steps  of  the 
tribunal,  and  simply  says,  "  The  State  of  New  York  versu» 
The  State  of  Ohio,"  it  is  impossible  not  to  feel  that  the 
coiut  wliich  he  addresses  is  no  ordinary  body  ;  and  when 
it  is  recollected  that  one  of  these  parties  represents  one 
million,  and  the  other  two  millions  of  men,  one  is  struck 
by  the  responsibility  .of  the  seven  judges,  whose  decision  is 
about  to  satisfy  or  to  disappoint  so  large  a  number  of  their 
fellow-citizens. 

The  peace,  the  prosperity,  and  the  very  existence  of  the 
Union  are  vested  in  the 'hands  of  the  seven  Federal  judges. 
Without  them,  the  Constitution  would  be  a  dead  letter  : 
the  Executive  appeals  to  them  for  assistance  against  the 
encroachments  of  the  legislative  power;  the  Legislature 
demands  their  protection  against  the  assaults  of  the  Exec- 
utive ;  they  defend  the  Union  from  the  disobedience  of  the 
States,  the  States  from  the  exaggerated  claims  of  the  Union, 
the  public  interest  against  private  interests,  and  the  con- 
servative spirit  of  stability  against  the  fickleness  of  the  de- 
mocracy. Their  power  is  enormous,  but  it  is  tlie  power  of 
public  opinion.  They  are  all-powerful  as  long  as  the  people 
respect  the  law  ;  but  th^  would  be  impotent  against  po[H 


102,  DEHOCBACT  rS  AUBBICA. 

nlar  ne^ect  or  contempt  of  the  law.  -  The  force  of  paUic 
opinion  is  the  most  intractable  of  agents,  hecaosa  its  extet 
Ihnits  cannot  be  defined  ;  and  it  is  not  less  dangerous  to 
exceed,  than  to  remain  below,  the  boundaiy  prescribed. 

The  Federal  judges  must  not  onlj  be  good  citizens,  and 
men  of  that  information  and  integrity  which  are  indispen- 
sable to  all  magistrates,  but  they  must  be  statesmen,  wiaa 
to  discern  the  signs  of  the  tames,  not  afraid  to  brave  the 
obstacles  which  can  be  sabdued,  nor  slow  to  turn  away 
from  the  current  when  it  threatens  to  sweep  them  oS,  and 
tlie  supremacy  of  the  Union  and  the  obedience  due  to  Ûim 
laws  along  with  them. 

The  President,  who  exercises  a  limited  power,  may  en 
without  causing  great  mischief  in  the  state.  Congress 
may  decide  amiss  without  destroying  the  Union,  becauM 
the  electoral  body  in  which  the  Congress  originates  may 
cause  it  to  retract  its  decision  by  changing  its  members. 
But  if  the  Supreme  Court  is  ever  composed  of  imprudent 
or  bad  men,  the  Union  may  be  plunged  into  anarchy  at 
civil  war. 

The  original  cause  of  this  danger,  however,  does  not  lie 
in  the  constitution  of  the  tribunal,  but  in  the  very  nature 
of  federal  governments.  We  have  seen  that,  in  confed- 
erate states,  it  is  especially  necessary  to  strengthen  the  judi- 
cial power,  because  in  no  other  nations  do  those  indepe»- 
dent  persons  who  are  able  to  contend  with  tlie  social  body 
exist  in  greater  power,  or  in  a  better  condition  to  reeist  the 
physical  strength  of  tlie  government.  But  the  more  a 
power  requires  to  be  strengthened,  the  more  extensive  and 
independent  it  must  be  made  ;  and  the  dangers  which  its 
abuse  may  create  are  heightened  by  its  independence  and 
its  strength.  The  source  of  the  evil  is  not,  tlierefore,  in 
the  constitution  of  the  power,  but  in  the  constitution  of 
the  state  wliich  renders  the  existence  of  such  a  powee 
necessary. 


THE  PEDISAI   CONSTITUTION. 


How  the  CoQBIitation  of  the  Union  can  be  compared  with  that  of  the  State*. 
—  Superiority  of  the  CoDititutioD  of  the  Union  attributable  Co  t&e  Wi«> 
dom  of  the  Federal  Lcgialaton.  —  Legielataie  of  the  Union  lew  depen- 
dent on  iho  People  than  that  of  the  State».  —  Executive  Power  inoia 
independent  in  its  Sphere.  — Judicial  Power  less  subjected  Co  the  Will 
of  the  Miyority.  —  Practicsl  ConBeqnenco  of  these  FaetB.  —  The  Dan- 
gen  inherent  io  a  Democratic  Govcramenc  diminished  b;  the  Federal 
Legislators,  and  increased  bj  the  Legislators  of  the  Stales. 

The  Federal  Constitution  différa  essentially  from  that  of 
the  States  in  the  ends  which  it  b  intended  to  accomplish  ; 
but  in  the  means  by  which  these  ends  are  attained,  a 
greater  analogy  exists  between  them.  The  objects  of  the 
governments  arc  different,  but  their  forms  are  the  same  ; 
and  in  this  special  point  of  view,  there  is  some  advantage 
in  comparing  them  with  each  other, 

I  am  of  opinion,  for  several  reasons,  that  the  Federal 
Constitution  is  superior  to  any  of  the  State  constitutions. 

The  present  Constitution  of  the  Union  was  formed  at  a 
later  period  than  those  of  the  majority  of  the  States,  and  it 
may  have  profited  by  this  additional  experience.  But  we 
shall  be  convinced  that  this  is  only  a  secondary  cause  of  its 
superiority,  when  we  recollect  that  eleven  [twenty-one] 
new  States  have  since  been  added  to  the  Union,  and  that 
these  new  republics  have  almost  always  rather  exaggerated 
than  remedied  the  detects  which  existed  in  the  former  con- 
stitutions. 

The  chief  cause  of  the  superiority  of  the  Federal  Con- 
stitution lay  in  the  character  of  ^e  legislators  who  com- 
posed it.  At  the  time  when  it  was  formed,  the  ruin  of  the 
Confederation  seemed  imminent,  and  ils  danger  was  univer- 
sally known.  In  tlds  extremity,  the  people  chose  the  men 
who  most  deserved  the  esteem,  rather  than  those  who  had 


194  DEMOcucr  ni  AumoL 

gained  the  affections,  of  tlie  conntry.  I  have  «Inadf  fl^ 
served,  that,  distingnÎBhed  as  shnost  all  the  legislaton  ti  IHb 
Union  were  for  their  intelligence,  they  irere  stiU  mon  «o 
for  their  patriotism.  Th«y  had  all  heen  nurtured  at  a  time 
when'  the  spirit  of  liberty  was  braced  by  a  conlinaal  stni^ 
gle  against  a  powerfbl  and  dominant  anthori^.  When  die 
contest  was  terminated,  whilst  the  excited  passions  of  tlM 
populace  persisted,  as  nsoal,  in  warring  agunst  dangers 
which  had  ceased  to  exist,  these  men  stopped  short  ;  ibej 
cast  a  calmer  and  more  penetrating  look  npon  thrar  coun- 
try ;  thoy  perceived  that  a  definitÎTe  revoluticm  had  been 
accomplished,  and  that  the  only  dangers  which  America 
had  now'  to  fear  were  those  which  might  reenlt  firom  the 
abuse  of  freedom.  They  had  the  courage  to  say  what  they 
believed  to  be  true,  because  they  were  animated  by  a  warm 
and  sincere  love  of  liberty  ;  and  they  ventured  to  propose 
restrictions,  because  they  were  resolutely  opposed  to  de- 
struction.* 

Most  of  the  State  constitutions  assign  one  year  for  the 
duration  of  the  House  of  Representatives,  and  two  years 
(or  that  of  the  Senate  ;  so  that  memlwrs  of  the  legislative 
body  are  constantly  and  narrowly  tied  down  by  the  slight- 

•  At  this  tiroo,  AlwuinilBr  Hamilton,  who  waa  one  of  tlm  principal  found- 
en  of  Uic  Constitution,  Tcntored  to  express  the  following  sentiments  ia  tin 
Federalist,  No.  71  :  — 

"  There  are  some  who  would  be  inclined  to  regard  the  ecrrilo  pliancy  of 
the  Executive  to  a  pierailing  current,  either  io  the  communiiy  or  in  tba 
legialaturo,  as  its  best  rocomraendation.  But  anch  men  cnlerlain  very  crude 
nations,  as  well  of  the  purposes  for  which  government  was  instituted,  as  t^ 
the  true  means  bj  which  the  public  happiness  maj  be  promoted.  The  re- 
publican principle  demands,  thnt  the  delibcrativo  sense  of  tho  communis 
«hoilld  govern  tho  condact  of  those  to  whom  they  intniat  the  management 
of  their  alWrs;  hot  it  dOM  not  require  an  nnqnalified  complaisanc*  to  everj 
fndden  brciae  of  passion,  or  to  every  transient  impulse  which  the  people 
may  reedve  from  the  arts  of  men  who  fiacier  their  préjudices  lo  betray  their 
tntensu.  It  is  a  jnst  observation,  that  the  people  commonly  intend  Uit  publie 
good.     This  oAen  applies  to  their  vacj  errors.     But  their  good  senae  wonld 


THE  FEDERAL  COHSTITUnON.  105 

est  desires  of  their  constitaents.  The  legators  of  the 
Union  were  of  opinion  that  this  excessive  dependence  of 
the  l^slature  altered  the  nature  of  the  main  consequences 
of  the  representative  system,  since  it  vested  not  only  the 
source  of  authority,  but  the  government,  in  the  people. 
They  increased  the  length  of  the  term,  in  order  to  give  the 
representatives  freer  scope  for  the  exercise  of  their  own 
judgment. 

The  Federal  Constitution,  as  well  as  the  Stat«  constitu- 
tions, divided  the  legislative  body  into  two  branches.  But 
in  the  States,  these  two  branches  were  composed  of  the 
same  elements,  and  elected  in  the  same  manner.  The 
consequence  was,  that  the  passions  and  incHnations  of  the 
populace  were  as  rapidly  and  easily  represented  in  one 
chamber  as  in  the  other,  and  that  laws  were  made  with 
violence  and  precipitation.  By  the  Federal  Constitution, 
the  two  houses  ori^nate  in  like  manner  in  the  choice  of 
the  people  ;  but  the  conditions  of  eligibility  and  the  mode 
of  election  were  changed,  in  order  that,  if,  as  is  the  case  in 
certain  nations,  one  branch  of  the  legislature  sliould  not 
represent  the  same  interests  as  the  other,  it  might  at  least 
represent  more  wisdom.     A  mature  age  was  necessary  to 

deppise  the  adnlatot  who  ahoold  pretend  th«  they  alwaja  rtamn  right  about 
the  mnint  of  promoting  it.  They  know  Irom  expericnre  tbat  they  som*- 
dmea  err  ;  and  the  wonder  is,  that  thej  bo  seldom  err  as  the;  do,  beset,  M 
the/  coDtiDnally  are,  by  the  wile*  of  pamaiiM  and  ayeophanta  ;  by  the  snare* 
of  tbe  ambition*,  the  svariciona,  the  desperato  ;  by  the  aitificea  of  men  who 
possoa  their  confidence  more  than  they  de«erve  it,  and  of  those  who  seek  to 
posses*  rather  than  to  dcscrre  it.  When  occasions  present  themselves  in 
which  the  interests  of  the  people  are  at  variance  with  their  iD<:li  nation*,  it  i* 
tbe  Aatj  of  the  mrsou*  whom  they  have  appointed  to  bo  the  guardians  ef 
tbosa  interest*  to  withstand  the  temporary  delnsion,  in  order  to  give  tbem 
time  and  opportunity  for  more  cool  and  sedate  reflection.  Instances  mi^ 
be  dted,  in  which  a  condact  of  this  kind  h*«  saved  the  people  from  Tery 
fatal  conscqaeQce*  of  their  own  miatak**,  and  ha*  procured  Usting  monti- 
ment*  of  their  (p^luda  to  the  men  who  bad  courage  and  magnanim]^ 
eoongh  to  Mnm  them  at  the  peril  of  Ihdr  displeasore." 


TK  DEMOCRACY   DJ   AMERICA. 

lecome  &  Senator,  and  the  Senate  was  chosen  by  an  eloclp 
ed  assembly  of  a  limited  number  of  members. 

To  concentrate  the  whole  social  force  in  the  hands  of  the 
legislative  body  is  the  natural  tendency  of  democracies  ;  for 
as  this  is  the  power  which  emanates  t]ie  moat  directly  from 
the  people,  it  lias  the  greater  share  of  the  people's  over- 
whelming power,  and  it  is  naturally  led  to  monopolize 
every  species  of  îiilliience.  This  concentration  of  power 
is  at  once  very  prejudicial  to  a  weL-condueted  administra- 
tion, and  favorable  to  the  despotism  of  the  majority.  The 
legislators  of  tbe  States  frequently  yielded  to  those  demo- 
cratic propenaitie»,  which  were  invariably  and  cwirageosaly 
resisted  by  the  founders  of  the  Union. 

In  the  States,  the  executive  power  is  vested  in  the  hands 
irf  a  magistrate,  who  is  apparently  placed  upon  a  level  with 
the  legislature,  but  who  is  in  reality  only  the  blind  agent 
and  the  passive  instrument  of  Its  will.  He  can  derive  no 
power  from  the  duration  of  his  office,  which  terminates 
in  one  year,  or  from  the  exercise  of  prerogatives,  for  he 
can  scarcely  be  said  to  have  any.  The  legislature  can 
condemn  him  to  inaction  by  intrusting  the  execution  of  its 
laws  to  special  committees  of  its  own  members,  and  can 
annul  his  temporary  dignity  by  cutting  down  his  salary.* 
The  Federal  Constitution  vests  all  the  privileges  and  all  the 
responsibility  of  tbe  executive  power  in  a  single  individual. 
The  duration  of  the  Presidency  is  fixed  at  four  years  ;  the 
salaty  cannot  be  altered  during  this  term  ;  the  President  is 
protected  by  a  body  of  official  dependents,  and  armed  with 
a  suspensive  veto  :  in  short,  every  effort  was  made  to  con- 
fer a  strong  and  independent  position  upon  the  executive 
SQthority,  within  the  limits  which  were  prescribed  to  it. 

*  Not  «IwBTi.  Id  HTend  of  tho  Staica,  the  compeasalion  of  tbe  Ooveniot 
Gumot  he  lessened  dariag  hit  term  of  offlcs.  So,  also,  the  Govemor'a  tenn 
il  Dot  tlnVTs  (or  ft  single  jtaz.  In  m»/  of  tbe  State*  it  is  two,  Id  tonM 
h  U  three,  jeui.  —  Am.  Ed. 


THE  FXDKAL  COHSnTDTIMI.  19T 

In  the  State  conatitntlons,  the  JQdicia]  power  is  tliat 
which  is  the  most  independent  of  the  legislative  authority  ; 
nevertheless,  in  all  tlie  States,  the  legislature  has  reserved 
to  itself  the  right  of  regulating  the  emoluments  of  the 
jadges,  a  practice  which  necessarily  subjecte  them  to  its 
immediate  influence.  In  some  States,  the  judges  are  ap- 
pointed only  temporarily,  which  deprives  them  of  a  great 
portion  of  their  power  and  their  freedom.  In  others,  the 
legislative  and  judicial  powers  are  entirely  confounded. 
The  Senate  of  New  York,  for  instance,  constitutes  in  cer- 
tain cases  the  superior  court  of  the  State.  The  Federal 
Constitution,  on  the  other  hand,  caretiilly  separates  the 
judicial  power  from  all  the  others  ;  and  it  provides  for  the 
independence  of  tlie  judges,  by  declaring  that  their  salary 
shall  not  be  diminislied,  and  that  their  functions  shaU  be 
inalienable. 

The  practical  consequences  of  these  different  systems 
may  easily  be  perceived.  An  attentive  observer  will  soon  ~ 
remark  that  the  business  of  the  Union  is  incomparably  bet- 
ter conducted  than  tliat  of  any  individual  State.  The 
conduct  of  the  Federal  government  is  more  iàir  and  tem- 
perate tlian  that  of  the  States  ;  it  has  more  prudence  and 
discretion,  its  projects  are  more  durable  and  more  skilfully 
combined,  its  measures  are  executed  with  more  \-igor  and 
consistency. 

I  recapitulate  the  substance  <^  this  chapter  in  a  few 
words. 

Tlie  existence  of  democracies  is  threatened  by  two  prin- 
cipal dangers,  viz.  the  complete  subjection  of  the  legisla- 
ture to  the  will  of  the  electoral  body,  and  the  concentration 
of  all  the  other  powers  of  the  government  in  the  legislative 
branch. 

The  development  of  these  evils  has  been  fiivored  by  the 
legislators  of  the  States  ;  bat  the  legislators  of  the  Uniqn 
have  done  all  they  could  to  render  them  less  formidable. 


Ï98 


DKMOCBACT  IN   AMEEICJL 


CHARACTERISTICS  OF  THE  FEDERAL  CONSXmJTlON  OF  THS 
UNITED  STATES  OF  AMERICA  A8  COUFABEO  WITH  ALL 
OTHEB   FEDERAI.  CONSlTrUTlONS. 

The  Âmcririm  Umoa  sppcan  lo  neemlile  all  oiher  Conféderatioiu,  —  Y«t 
iU  ESwls  arc  difléreiit.  —  Benson  of  thk.  —  In  what  this  Uolon  diSàn 
&aiD  all  olher  CoafoJeratiouB.  —  Tbo  AmericoD  Govonuaoiit  cot  a  Fed> 
enil,  but  an  imporfecC  National  Govcimacni. 

Toe  United  States  of  America  do  not  afford  the  first  or 
the  only  instance  of  a  confederation,  several  of  which  have 
existed  in  modern  Europe,  without  adverting  to  those  cf 
antiquity.  Switzerland,  tlie  Germanic  Empire,  and  the 
Rujmblic  of  the  Low  Countries,  either  have  been,  or  still 
are,  confederations.  Id  studying  the  constitutions  of  these 
different  countries,  one  is  surprised  to  see  that  the  powers 
witli  which  they  invested  the  ièderal  government  are 
nearly  the  same  with  those  awarded  by  the  American  Con- 
stitution to  the  government  of  the  United  States,  They 
confer  upon  the  central  power  the  same  rights  of  making 
peace  and  war,  of  rising  money  and  troops,  and  of  pro- 
viding for  the  general  exigencies  and  the  common  interests 
of  the  nation.  Nevertheless,  the  federal  government  of 
these  different  states  has  always  been  as  remarkable  for  its 
weakness  and  inefficiency  as  that  of  the  American  Union 
is  for  its  vigor  and  capacity.  Again,  the  first  American 
Confederation  perished  through  tlie  excessive  weakness  of 
its  government;  and  yet  this  weak  government  had  as 
large  rights  and  privileges  as  those  of  the  Federal  govern- 
ment of  the  present  day,  and  in  some  respects  even  larger. 
But  the  present  Constitution  of  the  United  States  contains 
certain  novel  principles,  which  exercise  a  most  important 
influence,  although  they  do  not  at  once  strike  the  observer. 

This  Constitution,  which  may  at  first  sight  be  con- 
ibuiided  with  the  federal  constitutions  which  have  preceded 
it,  rests  in  truth  upon  a  wholly  novel  theory,  which  may 


THE  FEDERAL  C0NS1TTUTI0H.  199 

be  considered  as  a  great  discovery  in  modem  political  sci- 
ence. In  all  the  confederations  which  preceded  the  Amer- 
ican Constitution  of  1789,  the  allied  states  for  a  common 
object  agreed  to  obey  the  injunctions  of  a  federal  govern- 
ment ;  but  they  reserved  to  themselves  the  right  of  ordain- 
ing and  enforcing  the  executioa  of  the  laws  of  the  union. 
The  American  States  which  combined  in  1789  agreed,  that 
the  Federal  government  should  not  only  dictate  the  laws, 
but  should  execute  its  own  enactments.  In  both  cases, 
the  right  b  the  same,  but  the  exercise  of  the  right  is  dif- 
ferent; and  this  différence  produced  the  most  momentons 
consequences. 

In  all  the  confederations  which  preceded  the  Ameiican 
Union,  the  federal  government,  in  order  to  provide  fw 
its  wants,  had  to  apply  to  the  separate  governments  ;  and 
if  what  it  prescribed  was  disagreeable  to  any  one  of  them, 
means  were  found  to  evade  its  claims.  If  it  was  power- 
ful, it  then  had  recourse  to  arms  ;  if  it  was  weak,  it  con- 
nived at  the  resbtance  which  the  law  of  the  union,  its 
sovereign,  met  with,  and  did  nothing,  under  the  plea  of 
inability.  Under  these  circumstances,  one  of  two  results 
invariably  followed  :  either  the  strongest  of  the  allied  states 
assumed  the  privileges  of  the  federal  authority,  and  ruled 
all  the  others  in  its  name  ;  *  or  the  federal  government 
was  abandoned  by  its  natural  supporters,  anarchy  arose 
between  the  confederates,  and  the  union  lost  all  power  of 
acdon.f 

In  America,  the  subjects  of  the  Union  are  not  Statesr 

*  Thu  was  tbe  cow  \a  Greece,  when  Philip  ondertook  to  exocate  ihe  de- 
creet of  tlie  AmphiotjoDB  ;  in  the  Low  Coimtriefl,  whoro  itic  province  of 
Holland  always  gave  the  law  ;  and,  in  our  own  time,  in  the  Geimanic  Cod- 
fédeiaCioa,  in  nliich  Aiutria  and  Prussia  moke  ihemBelTCs  tho  sgenla  of  the 
Diet,  and  rale  the  whole  confederation  in  its  oamo. 

t  Snch  hai  always  been  Ihe  titostion  of  the  Swiss  Confederation,  ^hich 
would  have  pcrinhcd  agtm  ago  but  for  the  mnCnal  joaloniica  of  its  Dlngb- 


SOO  DEMOCBAOr  m  AMEBICUL 

but  private  citizenB  ;  the  ludonal  government  levies  a  tax, 
not  upon  tlie  State  of  MasuchosettB,  bat  ap<Hi  eacb  iaiub'' 
Hont  of  Massachusetts.  The  old  confedemte  governmentB' 
presided  over  communities,  but  that  of  the  Union  preaidea 
over  individuals.  Its  ibrce  is  not  borrowed,  but  self<lfr- 
rived  ;  and  it  is  served  by  its  own  civil  and  military  office», 
its  own  army,  and  its  own  courts  of  justice.  It  cannot  be 
doubted  tliat  the  national  spirit,  the  passions  of  the  mnll»- 
tude,  and  the  provincial  prejudices  of  each  State,  still  tend 
singularly  to  diminish  the  extent  of  the  Federal  authority 
thus  constituted,  and  to  fiidlitate  resistance  to  its  mandatée  ; 
but  the  comparative  weakness  of  a  restricted  sovereignty  is 
an  e^il  inherent  in  the  Federal  system.  In  America,  each 
State  has  fewer  opportunities  and  temptations  to  resbt: 
nor  can  such  a  design  be  put  in  execution,  (if  indeed  it  be 
entertained,)  without  an  open  violation  of  tlie  laws  of  the 
Union,  a  direct  interruption  of  the  ordinary  course  of  jus- 
tice, and  a  bold  declaration  of  revolt  ;  in  a  word,  without 
taking  the  decisive  st£p  which  men  always  hesitate  to 
adopt. 

In  all  fonner  confederations,  the  privileges  of  the  Union 
furnished  more  elements  of  discord  than  of  power,  since 
they  multiplied  the  claims  of  the  nation  without  augment- 
ing tie  means  of  enforcing  tliem  :  and  hence  tlie  real  weak 
ness  of  federal  governments  has  almost  always  been  in  the 
exact  ratio  of  their  nominal  power.  Such  is  not  the  case 
in  Uie  American  Union,  in  which,  as  in  ordinary  govern- 
ments, the  Federal  power  has  the  means  of  enforcing  all 
it  is  empowered  to  demand. 

The  human  understanding  more  easily  invents  new 
things  than  new  words,  and  we  are  hence  constrained  to 
employ  many  improper  and  inadequate  expressions.  When 
several  nations  form  a  permanent  league,  and  establish  a 
supreme  anthority,  which,  although  it  cannot  act  upon  pri- 
vate indivi<liials,  like  a  national  govenuuent,  still  acts  upon 


THR  FEDEBAL  CONSTITUTION.  201 

each  of  the  confederate  states  in  a  body,  this  goTcnunent, 
which  is  so  essentiaUy  different  irom  all  others,  is  called 
Federal.  Another  form  of  society  is  afterwards  discovered, 
in  which  several  states  are  fused  into  one  with  regard  to 
certain  common  interests,  although  they  remain  distinct,  or 
only  confederate,  with  regard  to  all  other  concerns.  In 
this  case,  the  central  power  acts  directly  upon  the  gov- 
erned, wham  it  rules  and  judges  in  the  same  manner  as  a 
national  government,  but  in  a  more  limited  circle.  Evi- 
dently tliis  is  no  longer  a  federal  government,  but  an 
incomplete  national  government,  which  is  neither  exactly 
national  nor  exactly  federal  ;  but  the  new  word  which 
ought  to  express  this  novel  thing  does  not  yet  exist. 

Ignorance  of  this  new  species  of  confederation  has  been 
the  cause  which  has  brought  all  unions  to  civil  war,  to  sei>- 
vitudc,  or  to  inertness  ;  and  the  states  which  formed  these 
leagues  have  been  either  too  dull  to  discern,  or  too  pusil- 
lanimous to  apply,  this  great  remedy.  The  first  American 
confè4eration  perished  by  the  same  defects. 

But  ill  America,  the  confederate  States  had  been  long 
accnstomcd  to  form  a  portion  of  one  empire  before  they 
had  won  their  independence  ;  they  had  not  contracted  the 
habit  of  governing  themselves  completely  ;  and  their  na- 
tional prejudices  had  not  taken  deep  root  in  their  minds. 
Superior  to  the  rest  of  the  world  in  political  knowledge^ 
and  sliaring  that  knowledge  equally  amongst  themselves, 
they  were  little  agitated  by  the  passions  which  generally 
oppose  the  extension  of  federal  authority  in  a  nation,  and 
those  passions  were  checked  by  the  wisdom  of  their  great- 
est men.  The  Americans  applied  the  remedy  with  firm- 
ness, as  soon  as  they  were  conscious  of  the  evil  j  they 
amended  their  laws,  and  saved  the  country. 


«• 


tern  to  unite  t)ie  twofol<l  Ailvantnges  resulting  from  a 
lai^e  Territorr.  —  Ad vantn(^s  derived  by  the  United 
Sv>(ein.  Tlic  Law  aclnjils  ilai-lf  to  thu  ICxigendcs  i> 
Population  docs  not  ronforra  to  [he  Exitrendcs  of  iho 
Progress,  the  Love  and  Enjojment  of  Freedom,  in  1 
Hides  — Public  Spirit  of  the  Union  is  onlj  the  Aggrc 
Furiodim. — Priudplee  and  Things  circulate  freely  i 
of  the  Uuiiud  Stales.  —  The  Uiuuu  it  luip[)j  iiud  free 
and  respected  as  »  great  cue. 

Ik  small  statea,  the  watcliiîilness  of  soci 
into  every  part,  and  the  spirit  of  improvemt 
the  smallest  details  ;  the  ambition  of  the 
necessarily  checked  by  its  weakness,  all  tl 
resources  of  the  citizens  are  tui'iied  to  the 
being  of  tile  Community,  and  are  not  likely  t 
the  fleeting  breath  of  glory.  The  powers  of 
ual  being  generally  limited,  his  desires  are 
small.  Mediocrity  of  fortune  mates  tho  van 
of  life  nearly  equal,  and  the  manners  of  the  i 
orderly  and  simple.  Thus,  all  things  consi 
lowance  being  made  for  the  various  degref 
and  enliglitenment,  we  shall  generally  find 
tions  more  persons  in  easy  circumstances,  : 


THE  FEDEEAL  CONSTITDTIOH.  208 

world,  to  which  it  properlj  belongs,  to  meddle  with  the 
arrangements  of  private  life.  Tastes  as  well  as  actions  are 
to  be  regulated  ;  and  the  families  of  the  citizens,  as  well  as 
the  state,  are  to  be  governed.  This  invasion  of  rights 
occurs,  however,  but  seldom,  freedom  being  in  truth  the 
natural  state  of  small  communities.  The  temptatiom 
which  the  government  oâers  to  ambition  are  too  weak, 
and  the  resources  of  private  individuals  are  too  slender, 
for  the  sovereign  power  easily  to  Ml  into  the  grasp  of  a 
single  man  ;  and  should  such  an  event  occur,  the  subjects 
of  the  state  can  easily  unite  and  overthrow  the  tyrant  and 
the  tyranny  at  once  by  a  common  effort. 

Small  nations  have  therefore  ever  been  the  cradle  of 
political  liberty  ;  and  the  fiict  that  many  of  them  have  lost 
their  liberty  by  becoming  larger,  shows  that  their  freedom 
was  more  a  consequence  of  their  small  size  than  of  the 
character  of  the  people. 

The  history  of  tlie  world  affords  no  instanc&.of  a  great 
nation  retaining  the  form  of  republican  government  for  a 
long  scries  of  years  ;  •  and  this  has  led  to  the  conclusion 
that  such  a  thing  is  impracticable.  For  my  own  part,  I 
think  it  imprudent  to  attempt  to  hmit  what  is  possible,  and 
to  judge  the  future,  for  men  who  are  every  day  deceived  in 
relation  to  the  actual  and  the  present,  and  often  taken  by 
surprise  in  the  circmnstances  with  which  they  are  most 
fimiiliar.  But  it  may  be  said  with  confidence,  that  a  great 
republic  will  always  be  exposed  to  more  perils  than  a  small 
one. 

All  the  passions  which  are  most  fatal  to  republican  insti- 
tutions increase  with  an  increasing  territoty,  whilst  the 
virtues  which  favor  them  do  not  augment  in  the  same 
proportion.  The  ambition  of  private  citizens  increases 
with  the  power  of  the  state  ;  the  strength  of  parties,  with 

*  I  do  not  apeak  of  a,  confedsnttoo  of  ihibU  lepnlilica,  bnt  of  k  great  eoa- 


wi^iuu  v.i>im  VI  liiigc  sue,  u  laA  uiunuiiy,  si 
aiit:iponism  of  interests,  are  the  dangers  wlii 
variuljly  arise  from  the  ma^cnitucle  of  states 
those  evils  scarcely  injure  a  monarchy,  and  ; 
even  contribute  to  its  strength  and  duration. 
ical  states,  the  govemment  has  its  peculiai 
may  use,  but  it  does  not  depend  on,  the  con 
the  more  numerous  the  people,  the  stronger 
But  the  only  security  which  a  republican  go' 

This  support  is  not,  however,  proportionablj 
large  republic  tlian  in  a  small  one  ;  and  th 
means  of  attack  perpetually  increase,  both  in 
influence,  the  power  of  resistance  remains  th 
may  rather  be  said  to  diminish,  since  tlie  im 
interests  of  the  ppoplc  are  more  diversified  b 
of  tlio  population,  and  iJie  difficulty  of  fonni 
m^ority  is  constantly  augmented.  It  has  bi 
moreover,  that  tlie  intensity  of  human  passic 
ened  not  only  by  the  importance  of  tlio  enc 
propose  to  attain,  but  by  the  multitude  of  in 
are  animated  by  tbem  at  the  same  time.  E 
had  occasion  to  remark,  that  his  emotions  in 


THE  FEDEBAL  OONSTITUTIOK.  206 

freedom  of  men  than,  vast  empires.  Nevertheless,  it  Is 
important  to  acknowledge  the  peculiar  advantages  of  great 
states.  For  the  very  reason  that  the  desire  of  power  is 
more  intense  in  these  communities  than  amongst  ordinaiy 
men,  the  love  of  glory  is  also  more  developed  in  the  hearts 
of  certEun  citizens,  who  regard  the  applause  of  a  great  peo- 
ple as  a  reward  worthy  of  their  exertions,  and  an  elevating 
encouragement  to  man.  If  we  would  learn  why  great  na^ 
tions  contribute  more  powerfiilly  to  the  increase  of  knowl- 
edge and  the  advance  of  civilization  than  small  states,  we 
shall  discover  an  adequate  cause  in  the  more  rapid  and 
energetic  circulation  of  ideas,  and  in  those  great  cities 
which  are  the  intellectual  centres  where  all  the  rays  of 
human  genius  are  reflected  and  combined.  To  this  it  may 
be  added,  that  most  important  discoveries  demand  a  use  of 
national  power  wliich  the  government  of  a  small  state  is 
nnable  to  make:  in  great  nations,  the  government  has 
more  enlarged  ideas,  and  is  more  completely  disengaged 
from  the  routine  of  precedent  and  the  selfishness  of  local 
feeling  ;  its  designs  are  conceived  with  more  talent,  and 
executed  with  more  boldness. 

In  time  of  peace,  the  well-being  of  small  nations  is  un- 
doubtedly more  general  and  complete  ;  but  they  are  apt  to 
suffer  more  acutely  from  tlie  calamities  of  war  tlian  those 
great  empires  whose  distant  frontiers  may  long  avert  the 
presence  of  the  danger  from  the  mass  of  the  people,  who 
are  therefore  more  frequently  afflicted  than  ruined  by  the 
contest. 

But  in  this  matter,  as  in  many  others,  the  decbive  argu^ 
ment  is  the  necessity  of  the  case.  If  none  but  small  na- 
tions existed,  I  do  not  doubt  that  mankind  would  be  mwe 
happy  and  more  free  ;  but  the  existence  of  great  nations 
unavoidable. 

Political  strength  thus  becomes  a  conditim  <il'  nntiortul 
prosperity.     It  profits  a  state  bat  little  to  b» 


free,  if  it  il  perpettulty  expand  to  be  {ifll^ed  or  italJÉ 
g«ted  ;  its  nuoiofiictanf  md  canmerce  am  of  sneD  wà- 
Tantage,  if  another  natum  has  the  empire  of  the  aeai  and 
gives  the  law  in  all  the  marketa  of  the  ^obe.  SmaD  n»- 
tions  are  often  miserable,  not  becaaae  they  are  snail,  bat 
because  the^  are  Treak;  and  great  empires  prosper,  loss 
because  they  are  great,  than  because  they  are  strong. 
Physical  strength  is  thereibre  one  of  the  first  ctmditionB  of 
the  happiness,  and  even  of  the  existence,  of  nations.  Hence 
it  occurs,  that,  unless  veiy  peculiar  circumstances  intemne^ 
■mall  nations  are  always  united  to  large  emjnres  in  the  md, 
either  by  force  or  b^  thdr  own  consent.  I  know  not  a 
more  deplorable  condition  than  that  o^  a  people  unable  to 
d^nd  itself  or  to  provide  for  its  own  wants. 

The  Federal  system  was  created  with  the  intention  of 
combining  the  dlfierent  advantages  which  result  firom  the 
magnitude  and  the  littleness  of  nations  ;  and  a  glance  at 
the  United  States  of  America  discovers  the  advantages 
which  tliey  have  derived  from  Its  adoption. 

In  great  centralized  nations,  the  legislator  is  obliged  to 
give  a  character  of  uniformity  to  the  laws,  which  docs  not 
always  suit  the  di^-ersity  of  customs  and  of  districts  ;  as  he 
takes  no  cognizance  <^  special  cases,  he  can  only  proceed 
upon  general  principles  ;  and  the  jKtpulation  are  obliged  to 
conform  to  the  exigencies  of  the  legislation,  since  the 
legislation  cannot  adapt  itself  to  tlie  exigencies  and  the 
nistoms  of  the  population  ;  which  is  a  great  cause  of 
trouble  and  misery.  This  disadvantage  does  not  exist  in 
con&dcrations  ;  Congress  regulates  the  principal  measiu'es 
of  the  national  government  ;  and  all  the  details  of  the  ad- 
ministration are  reserved  to  the  provincial  legislatures. 
One  can  hardly  imagine  how  much  this  di^-ision  of  sov- 
ereignty contributes  to  the  well-being  of  each  of  the  States 
which  compose  the  Union.  Tn  these  small  communities, 
which  are  never  agitated  by  the  desire  of  aggrandizement 


THE  FEDERAL  CONSTrnrnON.  207 

or  the  care,  of  selMefence,  all  public  authority  and  privats 
energy  are  turned  towards  internal  improvements.  The 
central  government  of  eacK  State,  which  is  in  immediate 
juxtaposition  to  the  citizens,  is  daily  apprised  of  the  wants 
which  arise  in  society;  and  new  projects  are  proposed 
every  year,  which  are  discussed  at  town-meetings  or  hy 
the  legislature,  and  which  are  transmitted  hy  the  press  to 
stimulate  the  zeal  and  to  excite  the  interest  of  the  citizens. 
This  spirit  of  improvement  is  constantly  alive  in  the  Amer- 
ican repubhcs,  without  compromising  their  tranquilli^; 
the  ambition  of  power  yields  to  the  less  refined  and  less 
dangerous  desire  for  well-being.  It  is  generally  beheved 
in  America,  that  the  existence  and  the  permanence  of  the 
republican  form  of  government  in  the  New  Worid  depend 
upon  the  existence  and  the  duration  of  the  Federal  system; 
and  it  is  not  unusual  to  attribute  a  large  sliare  of  the  mis- 
fortunes which  have  be&llen  the  new  States  of  South 
America  to  the  injudicious  erection  of  great  republics, 
mstead  of  a  divided  and  confederate  sovereignty. 

It  is  incontestably  true,  that  the  tastes  and  the  habits 
of  republican  government  in  the  United  States  were  first 
created  in  the  townships  and  the  provincial  assemblies. 
In  a  small  State,  like  that  of  Connecticnt,  for  instance, 
where  cutting  a  canal  or  laying  down  a  road  is  a  great 
political  question,  where  the  State  has  no  army  to  pay  and 
no  wars  to  carry  on,  and  where  much  wealtli  or  much 
honor  cannot  be  given  to  the  rulers,  no  form  of  govern- 
ment can  be  more  natural  or  more  appropriate  tlian  a  re- 
public. But  it  is  this  same  republican  spirit,  it  is  these 
manners  and  customs  of  a  free  people,  which  have  been 
created  and  nurtured  in  the  different  States,  which  must 
be  aftenvards  applied  to  the  country  at  large.  The  public 
spirit  of  the  Union  b,  so  to  speak,  nothing  more  tlian  an 
â^regate  or  summary  of  the  patriotic  zeal  of  the  separate 
provinces.     Every  citizen  of  the  United  States  transports, 


808  dukxsaot  n  imiHia. 

■o  to  speak,  his  sttacliment  to  I»  fittle  lepoUîc  fado  Ab 
common  store  of  Americaii  patriotism,  hi  defending  Uw 
Union,  he  défends  the  increuiiig  pntperi^  of  his  am 
State  or  county,  the  right  of  cmdocting  its  a&in,  and  tha 
hope  of  causing  measures  of  inq)roTem«it  to  be  adopted  ni 
it  which  may  be  favorable  to  his  oim  intareets  ;  and  these 
«re  motives  which  are  wont  to  stir  men  more  than  the  geiH 
eral  interests  of  the  comitiy  and  thegloiy  of  the  natiixi. 

On  the  other  hand,  if  tiie  temper  and  the  manners  of 
the  inhabitants  especially  fitted  them  to  promote  the  wet- 
fare  of  a  great  republic,  the  ftderal  system  renden  their 
task  less  difficult  The  coofbdenition  of  all  thé  American 
States  presents  none  of  the  ordinary  inconveniences  r^ 
suiting  from  great  agglomerations  of  men.  The  Union  is 
a  great  republic  in  extent,  but  the  paucity  of  objects  for 
which  its  government  acts  assimilates  it  to  a  small  State. 
Its  acts  are  important,  but  they  are  rare.  As  the  sov- 
ereignty  of  t)ie  Union  is  limited  and  incomplete,  its  exer> 
ciso  is  not  dangerous  to  liberty  ;  for  it  does  not  excite  those 
insatiable  desires  of  fame  and  power  which  have  proved  so 
fatal  to  great  republics.  As  there  is  no  common  centre  to 
the  country,  great  capital  cities,  colossal  wealth,  abject  pov-  ' 
erty,  and  sudden  revolutions  are  alike  unknown  ;  and  polite 
ical  passion,  instead  of  spreading  over  the  land  like  a  fire 
on  the  prairies,  spends  its  strength  against  the  interests  and 
the  individual  passions  of  every  State. 

Nevertheless,  tangible  objects  and  ideas  circulate  through- 
out the  Union  as  freely  as  in  a  country  inhabited  by  one 
people.  Notliing  chocks  the  spirit  of  cnt^^rpri^tc.  The 
government  invites  tlie  aid  of  all  who  have  talents  or 
knowledge  to  serve  it.  Inside  of  the  frontiers  of  the 
Union,  profound  peace  prevails,  as  within  tlie  heart  of 
some  great  empire  ;  abroad,  it  ranks  with  the  most  powei^ 
fill  nations  of  the  earth  :  two  thousand  miles  of  coast  are 
open  to  the  commerce  of  the  world  ;  and  as  it  holds  the 


TUE  TEDEBAI,  CONSTTTnTIOH. 


keys  of  a  New  World,  its  flag  is  respected  in  the  mtat 
remote  seas.  Tlie  Union  is  happy  and  free  aa  a  small  pet^ 
pie,  end  glorious  and  strong  as  a  great  nation. 


WBT  THE  FEDERAL  SYSTEM  IS  NOT  PRACnCABLB  FOK  ALL 
NATIONS,  AND  HOW  THE  ANOLO-AHEBICANB  WESE  EN- 
ABLED TO   ADOPT   IT. 

ETei7  Fedend  System  ha»  inherent  Fault»  which  buBe  tbe  :tC9bns  of  the 
Lc^sUtor.  —  The  Federal  Sjetem  Is  complex.  —  It  detnand»  a  dwij 
Exercise  of  the  latelligence  of  the  Citizens.  —  Pncdcal  Knowledge  of 
Oovenunent  rommon  unongn  the  American».  —  RdatiTe  WeakiMM  of 
the  GoTemment  of  the  Union  anoCber  DefbH  inborant  Id  the  Federal 
Systetn.  —  Tlio  Amcricaiu  have  diminished  withoat  remedying  it.  —  The 
SoTereignty  of  llie  separate  State*  apparently  weaker,  but  naiilj  Btion^ 
er,  than  that  of  the  Union.  —  Why. — Nainial  Cause»  of  Union  then 
miut  oxiat  hetwccn  Confederate  Nations  tmicle  the  I^lr».  —  What  theso 
Causes  arc  amongst  the  Anglo-Ameiiean».  —  Maine  and  Georgia,  tep*- 
rated  by  a  Distance  of  a  thousand  Miles,  mora  naturally  aniled  than  Noi^ 
tnandy  and  Brittany.  —  War  the  main  Peril  of  Confederation».  —  Thk 
proved  even  hy  ttio  Example  of  the  United  States.  —  The  Union  hai  no 
great  Wars  to  fear.  —  Why. — Dangen  which  Eoropeaoa  woald  inonrif 
they  adopted  the  Federal  System  of  the  American!. 

When  a  legislator  succeeds,  after  many  efforts,  in  exei^ 
cising  an  Indirect  influence  upon  the  destiny  of  nations,  his 
genius  is  lauded  by  mankind,  whilst,  in  point  of  fact,  the 
geographical  position  of  the  country  which  he  is  unable  to 
change,  a  social  condition  which  arose  withont  his  co-oper- 
ation, manners  and  opinions  which  he  cannot  trace  to  their 
source,  and  an  origin  with  which  he  is  unacquainted,  exer^ 
cise  so  irresistible  an  influence  over  the  courses  of  society, 
that  he  is  himself  borne  away  by  the  current  after  an  inef- 
fectual resistance.  Like  tlie  navigator,  he  may  direct  the 
veesel  which  bears  him,  but  he  can  neitlier  change  its 
structure,  nor  r^se  the  winds,  nor  lull  the  waters  which 
swell  beneath  him. 

I  have  shown  the  advantages  which  the  Americans  de> 


210  DSKOCKAOT  IN  JJOUOA. 

live  from  thdr  Federal  Bystem  ;  it  rcmaiiu  fbr  me  to  pomt 
ont  the  circumstances  Tirhidi  enaUed  diem  to  adc^t  it,  u 
its  benefits  camiot  be  enjoyed  by  all  n&tians.  The  tea- 
dental  defects  of  the  federal  syitem  which  ori^^nata  in  the 
laws  may  be  corrected  by  the  skill  of  the  le^alator,  bat 
there  are  e\-i]s  inher^it  in  the  lystem  which  cannot  be 
remedied  by  any  efibrt.  The  people  mnst  therefore  find  in 
themselves  the  strength  necessary  to  bear  the  natural  îm- 
perfections  of  their  eoTemment.    . 

The  moat  prominent  evil  of  all  federal  systems  is  Hue 
complicated  nature  of  the  means  th^  employ.  Two  sor- 
ereignties  are  Becessaiify  in  presence  of  each  o&er.  The 
legislator  may  simplify  and  equalize,  as  &r  as  possible,  the 
action  of  these  two  sovereignties,  by  limiting  each  of  them 
to  a  sphere  of  authority  accurately  defined  ;  but  he  cannot 
combine  them  into  one,  or  prevent  them  from  coming  into 
collision  at  certain  points.  The  federal  system,  therefore, 
rests  upon  a  theory  which  is  complicated,  at  the  best,  and 
which  demands  the  daily  exercise  of  a  considerable  share 
of  discretion  on  the  part  of  those  it  governs. 

  proposition  must  be  plain,  to  be  adopted  by  tlie  imdei>- 
standing  of  a  pco])1e.  A  false  notion  wliich  is  clear  and 
precise  will  always  have  more  power  in  the  world  than  a 
true  principle  which  is  obsciire  or  involved.  Hence  it 
happens  that  parties,  which  are  like  small  communities  in 
the  heart  of  the  nation,  invariably  adopt  some  principle  or 
name  as  a  symbol,  wliich  very  inadequately  represents  the 
end  they  have  in  view  and  tlie  means  which  thoy  employ, 
but  without  which  they  could  neither  act  nor  subsist.  The 
governments  which  are  founded  upon  a  single  principle  or 
a  single  feeling,  which  b  easily  defined,  are  perhaps  not 
the  best,  but  they  are  unquestionably  the  strongost  and  the 
most  durable  in  the  world. 

In  examining  the  Constitution  of  the  United  States, 
which  is  the  most  perfect  federal  constitution  that  ever 


THE  FEDEEAL  COKSnTUTIOH.  Stl 

ezÎBted,  one  is  startled  at  the  variety  of  inibrmatioii  and 
the  amount  of  discernment  whicli  it  presupposes  in  the 
people  whom  it  is  meant  to  govern.  The  government  of 
the  Union  depends  almost  entirely  upon  legal  actions  ;  the 
Union  is  an  ideal  nation,  which  exists,  bo  to  speak,  only  in 
the  mind,  and  whose  limits  and  extent  can  only  be  dis- 
cemed  by  the  understanding. 

After  the  general  theory  is  comprehended,  many  difBcni- 
ties  remain  to  be  solved  in  its  application  ;  for  the  sovep- 
àgnty  of  the  Union  is  bo  involved  in  that  of  the  States, 
that  it  is  impossible  to  distinguish  its  boundaries  at  the  first 
^ance.  The  whole  structure  of  the  government  is  arti- 
ficial and  conventional  ;  and  it  would  be  ill  adapted  to  a 
people  which  has  not  been  long  accustomed  to  conduct  its 
own  afiairs,  or  to  one  in  which  the  science  of  politics  has 
not  descended  to  the  humblest  classes  of  society.  I  have 
never  been  more  struck  by  the  good  sense  and  the  practical 
judgment  of  tlie  Americans,  than  in  the  manner  in  which 
they  elude  the  numberless  difficulties  resulting  ô-om  their 
Federal  Constitution.  I  scarcely  ever  met  with  a  plain 
American  citizen  who  could  not  distinguish  with  surprising 
fecility  the  obligations  created  by  the  laws  of  Congress 
from  those  created  by  the  laws  of  his  own  State,  and  who, 
after  having  discriminated  between  the  matters  which 
come  under  the  cognizance  of  the  Union  and  those  which 
the  local  legislature  is  competent  to  regulate,  could  not 
point  out  the  exact  limit  of  the  separate  jurisdictions  of 
the  Federal  courts  and  the  tribunals  of  the  State. 

The  Constitution  <rf  the  United  States  resembles  those 
fine  creations  of  human  industry  which  insure  wealth  and 
renown  to  their  inventors,  but  which  are  profitless  in  other 
hands.  This  truth  is  exemplified  by  the  condition  of  Mex- 
ico at  the  present  time.  The  Mexicans  were  desirous  of 
establishing  a  fe<leral  system,  and  they  t;ook  the  Federal 
Constitntion  of  their  neighbors,  the  Anglo-Americans,  as 


states  and  tliat  of  the  Union  perpetuallj 
R'siitrctive  privileges,  and  came  into  colli: 
[iresunt  duy  Mexico  is  altcrnaiely  tlie  vi. 
and  tlie  slave  of  military  despotism. 

The  second  and  most  fatal  of  all  defects. 
I  believe  to  be  inherent  in  the  federal  sy 
ative  weakness  of  the  govemmeat  of  Ûi 
principle  upon  which  all  confederations  r 
diiided  sovereignty.  Legislators  may  rend 
less  perceptible,  they  may  even  conceal  it 
the  puhlic  eye,  but  they  cannot  present  it 
wad  a  divided  must  always  be  weaker  than 
ereignty.  The  remarks  made  on  the  Con 
United  States  have  shown  with  what  skill 
while  restraining  the  power  of  tlie  Union 
row  limita  of  a  federal  government,  have  g 
blance,  and  to  a  certain  extent  the  force, 
government.  By  this  means,  the  legislator 
have  diminished  the  natural  danger  of  con; 
have  not  entirely  obviated  it. 

The  American  government,  it  is  said,  dc 
itself  to  the  Slat«a,  but  transmits  its  injunct 
the  citizens,  and  compels  them  by  isolation  1 


THE  FEDERAI  CONSTITUTION.  21^ 

r  by  the  authority  of  the  Union,  the  Federal  govern- 
ment would  vainly  attempt  to  subdue  them  individually  ; 
tfaey  would  instinctively  unite  in  a  common  defence,  and 
would  find  an  organization  already  prepared  for  them  in 
the  sovereignty  which  their  State  is  allowed  to  enjoy.  Fio- 
tion  would  give  way  to  reality,  and  an  organized  portion  of 
the  nation  might  then  contest  the  central  authority. 

The  same  observation  holds  good  with  regard  to  the 
Federal  jurisdiction.  If  the  courts  of  the  Union  violated 
an  important  law  of  a  State  in  a  private  case,  the  real, 
though  not  the  apparent  contest,  would  be  between  the 
aggrieved  State  represented  by  a  citizen,  and  the  Union 
r«5)resented  by  its  courts  of  justice.* 

He  would  have  but  a  partial  knowledge  of  the  world 
who  should  imagine  that  it  is  possible,  by  the  aid  of  legal 
fictions,  to  prevent  men  â^m  finding  out  and  employing 
those  means  of  gratifying  their  passions  which  have  been 
left  open  to  them.  The  American  le^latora,  thougli  they 
have  rendered  a.  collision  between  the  two  sovereignties 
less  probable,  have  not  destroyed  the  causes  of  such  a  mis- 
fortune. It  may  even  be  afSrmed,  that,  in  case  of  such  a 
collision,  they  have  not  been  able  to  insure  the  victory  of 
the  Federal  element  in  a  case  of  this  kind.  The  Union  !■ 
possessed  of  money  and  troops,  but  the  States  have  kept 

*  For  initmiiM,  the  Udiod  jtomtaet  hj  Ébe  ConstiCation  the  right  of  tell- 
ing nnoccniûod  lands  for  its  own  profit  Snppoie  that  the  Stato  of  Ohio 
■hoald  cUicn  the  same  right  in  behalf  of  certain  tracts  Ijiog  within  iti 
own  bouadaries,  upon  the  plea  that  the  ConititaCion  refera  to  those  lands 
alone  which  do  not  belong  to  the  jnrisdictioD  of  usj  panicaler  Stalo,  and 
Eonscqaendj  should  choose  to  dispose  of  them  itself.  The  litigation  would 
be  carried  on,  it  is  true,  in  the  names  of  the  purchasera  from  the  State  at 
Ohio  and  the  purchasers  from  the  Union,  and  not  in  the  names  of  Otuo 
and  the  Umon.  But  what  would  become  of  this  legal  fiction,  if  the  Fed- 
en)  purchaser  was  conflrmod  in  his  right  by  die  cotirts  of  the  Union, 
whilst  the  other  competitor  was  ordered  to  retain  possession  1^  the  tribnoali 
of  the  Btale  of  Ohio  1 


tu  IffiHOOSACT  Of  AMKBiaA. 

die  affections  and  the  prejndîcea  of  the  pécule.  Tba  wn^ 
éràgnty  of  the  Union  is  an  abatract  being,  which  is  om* 
nected  with  but  few  external  olgects  ;  the  soTereignly  of 
the  States  is  perceptible  b^  the  senses,  easily  understood, 
and  constantly  active.  The  former  is  of  recent  creation, 
the  latter  b  coeval  with  the  people  itself.  The  aovereigntf 
of  the  Union  is  factidoua,  that  of  tlie  States  is  natural  and 
self-^stent,  without  effort,  like  the  authority  of  a  parent. 
The  sovereignty  of  the  nation  affects  a  few  of  the  chief 
interestâ  of  socie^  ;  it  represents  an  immense  but  remote 
country,  a  vague  and  ill-defined  sentiment.  The  authority 
of  the  States  controls  every  individual  citizen  at  every 
hour  and  in  all  circumstances  ;  it  protects  his  properly,  his 
freedom,  and  his  life  ;  it  affects  at  every  moment  his  well- 
being  or  his  misery.  When  we  recollect  the  traditions, 
the  customs,  the  prejudices  of  local  and  Êimiliar  attachment 
with  which  it  is  connected,  we  cannot  doubt  tlie  superiority 
of  a  power  wliich  rests  on  the  instinct  of  patriotism  so  nat- 
ural to  the  human  heart. 

Since  legislators  cannot  prevent  such  dangerous  collis- 
ions as  occur  between  the  two  sovereignties  which  coexist 
in  the  federal  system,  their  first  object  must  be,  not  only 
to  dissuade  the  confederate  states  from  warfare,  but  to 
encourage  such  dispositions  as  lead  to  peace.  Hence  it  is 
that  the  federal  compact  cannot  be  lasting  unless  there 
exist  in  the  communities  which  are  leagued  togetlier  a 
certain  number  of  inducements  to  union  which  render  tlicir 
common  dependence  agreeable,  and  the  task  of  the  govern- 
ment light.  The  federal  system  cannot  succeed  mthout 
the  presence  of  favorable  circumstances  added  to  the  in- 
fluence of  goo<I  laws.  All  tlie  nations  wliich  have  ever 
formed  a  confederation  have  been  held  together  by  some 
common  interests,  which  served  as  the  intellectual  ties  of 
association. 

But  men  have  sentiments  and  prindples,  as  well  as  mate- 


TH£  FSDEEAL  CONSTITUTIOM.  215 

rial  interests.  A  certain  unifonnity  of  civilization  is  not 
lees  necessary  to  the  durability  of  a  confedcratioii,  than  • 
uniformity  of  interests  in  the  states  which  compose  it.  In 
Switzerland,  the  diâerence  between  the  civilization  of  the 
Canton  of  Uri  and  that  of  the  Canton  of  Vaud  is  like  the 
difference  between  the  fifteenth  and  the  nineteenth  centi> 
ries  ;  therefore,  properly  speaking,  Switzerland  has  never 
had  a  federal  government.  The  union  between  these  two 
Cantons  subsists  only  upon  the  map  ;  and  this  would  soon 
be  perceived  if  an  attempt  were  made  by  a  central  author- 
ity to  prescribe  the  same  laws  to  the  whole  territory. 

The  circumstance  which  makes  it  easy  to  maintain  a 
Federal  government  in  America  is,  that  the  States  not  only 
have  similar  interests,  a  common  origin,  and  a  common 
language,  but  that  tliey  are  also  arrived  at  the  same  stagt3 
of  civilization  ;  which  almost  always  renders  a  union  fea- 
sible. I  do  not  know  of  any  European  nation,  however 
small,  which  does  not  present  less  uniformity  in  its  didbrent 
provinces  than  the  American  people,  which  occupies  a  ter- 
ritory as  extensive  as  one  half  of  Europe.  The  distance 
from  Maine  to  Georgia  is  about  one  thousand  miles  ;  but 
the  difference  between  the  civilization  of  Maine  and  that  of 
Georgia  is  slighter  than  the  difference  between  the  habits 
of  Normandy  and  those  of  Brittany.  Maine  and  Georgia, 
which  are  placed  at  the  opposite  extremities  of  a  great 
empire,  have  therefore  more  real  inducements  to  form  a 
confe<leration  than  Normandy  and  Brittany,  which  ar& 
separated  only  by  a  brook. 

The  geographical  position  of  the  country  increased  the 
&cilities  which  the  American  le^lators  derived  fi^m  the 
manners  and  customs  of  the  inhabitants  ;  and  it  is  to  this 
circumstance  that  the  adoption  and  tlie  maintenance  of  the 
Federal  system  are  mainly  attributable. 

The  most  important  occurrence  in  the  life  of  a  nation 
is  the  breaking  out  of  a  war.     In  war,  a  people  act  as  one 


216  fiEKOoucT  nr  jumnu. 


1  natiom,  m  iaftuce  of  Ûaùiyerj  «>• 
istence.  The  skill  of  the  govamment,  the  good  sense  «f 
the  coDunumty,  and  the  natoral  fimdneea  vhicb  men  il> 
most  always  entertain  lor  thmr  coontiy,  may  be  enongh,  M 
long  as  tlic  only  object  ia  to  mniTitoin  peace  in  the  interior 
of  the  state,  and  to  &vor  its  internal  prosperity  ;  but  Ûat 
the  nation  may  carry  on  a  great  war,  the  people  most  make 
more  numcroas  and  painful  sacrifices  ;  and  to  suppose  that 
a  great  number  of  men  will,  of  their  own  aoxird,  submit 
to  these  exigencies,  is  to  betray  an  ignorance  of  human 
nature.  All  tlie  naitions  which  have  been  obliged  to  sos- 
tain  a  long  and  serious  warfiue  hare  consequently  been  led 
to  augment  the  power  of  their  government.  Those  who 
have  not  succeeded  in  this  attempt  have  been  subjugated. 
A  long  war  almost  always  reduces  nations  to  the  wretched 
alternative  of  being  abandoned  to  ruin  by  defeat,  or  to  de&- 
potism  by  success.  War  tlierefore  renders  the  weakness 
of  a  government  most  apparent  and  most  alarming  ;  and 
I  liave  shown  that  the  inherent  defect  of  federal  govern- 
ments is  that  of  being  weak. 

The  federal  system  not  only  haa  no  centralized  adminis- 
timtion,  and  notliing  which  resembles  one,  but  the  central 
government  itself  is  imperfectly  organized,  wliicli  is  always 
a  great  cause  of  weakness  wlien  tlie  nation  is  opposed  to 
other  countries  which  are  themselves  governed  by  a  single 
authority.  In  the  Federal  Constitution  of  the  United 
States,  where  the  central  government  has  more  real  force 
than  in  any  other  confederation,  tliis  evil  is  still  extremely 
sensible.     A  single  example  will  illustrate  the  case. 

The  Constitution  confers  upon  Congress  the  right  of 
"  calling  forth  the  militia  to  execute  the  laws  of  the  Union, 
suppress  insurrections,  and  repel  invasions  "  ;  and  another 
article  declares  that  the  President  of  the  United  States  is 
the  commander-in-chief  of  the  militia.  In  the  war  of 
1S12,  the  President  ordered  the  militia  of  the  Northern 


THE  FEDERAL  OOHSTTnmOIL  217 

States  to  mEirch  to  the  frontieis;  bnt  Connecticat  and 
Maasacliasetts,  whose  interests  were  impaired  by  the  war, 
refused  to  obey  the  commaod.  They  ai^ed  that  the  Coi^ 
Btitutign  authorizes  the  Federal  government  to  call  forth 
the  militia  in  case  of  itmirrection  or  invasion  ;  but  in  the 
present  instance,  there  was  neither  invasion  nor  insurreo 
don.  .They  added,  that  the  same  Conadtation  which  con- 
ferred upon  the  Union  the  right  of  calling  the  militia  into 
active  service,  reserved  to  the  States  that  of  naming  the . 
officers  ;  and  consequently  (as  they  nnderstood  the  clause} 
no  officer  of  the  Union  had  any  right  to  command  the 
militia,  even  during  war,  except  the  President  in  person  : 
and  in  this  case,  they  were  ordered  to  join  an  army  com- 
manded by  another  individual.  These  absurd  and  perni- 
cious doctrines  received  the  sanction  not  only  of  the  Gov- 
ernors and  the  legislative  bodies,  but  also  of  the  courts 
of  justice  in  both  States  ;  and  tiie  Federal  government 
was  constrained  to  raise  elsewhere  the  troops  which  it  re- 
quired.* 

How  happens  it,  then,  that  the  American  Union,  with 
all  the  relative  perfection  of  its  laws,  is  ^ot  dissolved  by 
the  occurrence  of  a  great  war  ?  It  is  because  it  has  do 
great  wars  to  fear.  Placed  in  the  centre  of  an  immense 
continent,  which  offers  a  boundless  field  for  human  indus- 
try, the  Union  is  almost  as  much  insulated  from  the  worid 
as  if  all  its  &ontiers  were  girt  l^  the  ocean.     Canada  con- 

<  Kent's  CoTamentariM,  Vol.  I.  p.  244.  I  bate  selected  an  exampla 
which  relates  to  a  time  long  aftar  the  promalgation  of  the  present  Coostitii- 
tioD.  If  1  had  gone  back  to  the  dajs  of  the  CoofcdenitioD,  I  might  han 
given  still  more  striking  iostancca.  The  whole  natioD  was  at  that  time  in  a 
slate  of  entliusiaslic  excitement;  the  Rerolntion  was  represented  by  a  man 
who  was  the  idol  of  the  people;  bnt  M  that  very  period,  Congrees  had,  ts 
say  the  truth,  no  resaorcea  at  all  «t  its  diapoeaL  Troops  and  supplies  weif 
peipetoally  wanting.  The  best-derised  projects  &lled  in  the  exocntion,  and 
the  Union,  constantly  on  the  veige  of  destruction,  was  saved  by  the  weik- 
neM  of  its  enemies  &r  mora  tluui  by  Iti  own  stienffth. 
10 


218  DEMOCEACY  IN  AMERICA. 

iaim  onl^  u  million  of  inliabîUmtâ,  and  its  population  is  di- 
vided into  two  inimical  nations.  The  rigor  of  the  climata 
limits  the  extension  of  ita  territory,  and  shuta  up  its  porta 
during  the  six  months  of  winter.  From  Canada  to  the 
Gulf  of  Mexico  a  few  gav'ago  tribes  are  to  be  met  with, 
which  retire,  perisliing  in  their  retrt-'at,  boforo  six  tliousand 
soldiers.  To  tlie  south,  tlie  Union  has  a  point  of  contact 
with  the  empire  of  Mexico  ;  and  it  is  thence  that  serious 
bostiliUes  may  one  day  be  expected  to  arise.  But  for  a 
long  while  to  come,  the  unci\Tlized  state  of  the  Mexicm 
people,  the  depravity  of  their  morals,  and  their  extreme 
poverty,  will  prevent  that  country  trom  ranking  high 
amongst  nations.  As  for  tlie  powers  of  Europe,  they  are  - 
too  distant  to  be  formidable.* 

The  great  advantage  of  the  United  States  does  not,  then, 
consist  in  a  Federal  Constitution  which  allows  tliem  to 
cany  on  great  wars,  but  in  a  geographical  position  which 
renders  such  wars  extremely  improbable. 

No  one  can  be  more  inclined  than  I  am  to  appreciate  the 
advantages  of  the  Federal  system,  which  I  hold  to  be  one 
of  the  combinations  most  favorable  to  the  prosperity  and 
freedom  of  man.  I  envy  the  lot  of  those  nations  which 
have  been  able  to  adopt  it  ;  but  I  cannot  believe  that  any 
confederate  people  could  nuuntain  a  long  or  an  equal  coi^ 
test  with  a  nation  of  similar  strength  in  which  the  gov- 
ernment is  centralized.  Â  people  wliich  should  divide  its 
sovereignty  into  fractional  parts,  in  the  presence  of  the 
great  military  monarchies  of  Europe,  would,  in  my  opin- 
ion, by  that  very  act  abdicate  its  power,  and  perhaps  ita 
existence  and  its  name.  But  such  is  the  admirable  posi- 
tion of  the  New  World,  that  man  has  no  other  enemy  than 
himself  ;  and  that,  in  order  to  be  happy  and  to  be  &ee,  ha 
has  only  to  determine  that  he  will  be  so. 

•  6m  Appendix  0. 


THE  PEOPLE  GOVEBN  IH  THE  UNITED  STATES.        219 


CHAPTER    IX. 

THUS  &r,  I  have  examined  the  institalions  of  the 
United  States  ;  I  have  passed  their  le^slation  in  r^ 
view,  and  have  described  the  present  forms  of  political 
society  in  that  countiy.  But  above  these  instatudons,  and 
beyond  all  these  characteristic  forms,  there  is  a  sovereign 
power  —  that  of  the  people  —  which  may  destroy  or  mod- 
ify them  at  it^  pieasure.  It  remaina  to  he  sliown  in  what 
manner  this  power,  superior  to  the  laws,  acts  ;  what  are  its 
instincts  and  its  passions,  what  tlie  secret  springs  which 
retard,  accelerate,  or  direct  ita  irresistible  course,  what  the 
effects  of  its  unbounded  authority,  and  what  the  destiny 
which  is  reserved  for  it. 


In  America,  the  people  appoint  the  legislative  and  the 
executive  power,  and  fiiraish  the  jurors  who  punbh  all  in- 
fractions of  the  laws.  The  institutions  are  democratic,  not 
only  in  their  principle,  but  in  all  their  consequences  ;  and 
the  people  elect  their  representatives  direcUy,  and  for  the 
most  part  annually,  in  order  to  insure  tlieir  dependence. 
The  people  are,  tlierefore,  the  real  directing  power;  and 
although  the  form  of  government  is  representative,  it  IB 
evident  that  the  opinions,  the  prejudices,  the  interests,  and 
even  the  passions  of  the  people  are  liindured  by  no  pemur- 
nent  obstacles  from  exerciûng  a  perpetual  influence  on 


tliQ  daSy  conduct  of  aâuïrs.  In  the  United  States,  the 
majority  governs  in  the  name  of  the  people,  as  is  the  caae 
in  all  countries  in  which  the  people  are  supreme.  This 
majority  is  principally  composed  of  peaceable  citizens,  who, 
either  by  inchnntion  or  by  interest,  sincerely  wish  tlie  wel- 
fare of  their  country.  But  they  are  surrounded  by  the 
incessant  agitation  of  parties,  who  attempt  to  gain  their 
co-operation  and  support. 


PABTIXS  IN  THE  UinTED  STATES. 


CHAPTER    X. 

PARTIES  IN  THE  DNTTED  STATES. 

GiMt  I^jiinctioD  to  be  nude  betweeo  Parties. — Pwties  which  are  to  each 
□tlier  u  rival  Nations.  —  Parties  properij  so  called.  —  IKflëniaM  be- 
tween gre«  snd  BDuU  pMti<«.  —  Epochs  which  produce  them.  —  Their 
Characteristics.  —  America  has  had  great  Parties.  —  The/  are  extinct.  — 

Federalists.  — Republicans.  —  Defeat  of  the  Federalists.  —  Difficaltj  of 
creating  Parties  in  the  United  States,  —  What  is  done  with  this  Inten- 
tion.—  Arialocratic  or  Democratic  Character  to  be  met  with  in  all  Par. 
ties.  —  Struggle  of  General  Jackson  against  the  Bank. 

AGREAT  distinction  mnst  be  made  between  parties. 
Some  countries  are  so  large  that  the  different  pop- 
olations  which  inhabit  them,  although  united  under  the 
same  government,  have  contradictory  interests  ;  and  they 
may  consequently  be  in  a  perpetual  state  of  opposition. 
In  this  case,  the  different  fractions  of  the  people  may  more  ^..v 
properly  be  considered  as  istinct  nations  than  as  mere  " 
parties  ;  and  if  a  civil  war  breaks  ont,  the  struggle  is  car- 
ried on  by  rival  states  rather  than  by  tactions  in  the  same 
state. 

But  when  the  citizens  entertain  different  opinions  upon 
subjects  which  affect  the  whole  '  country  alike,  —  such,  for 
instance,  as  the  principles  upon  which  the  government  a 
to  be  conducted,  —  then  distinctions  arise  which  may  cor^ 
rectly  he  styled  parties.  Parties  are  a  necessary  evil  in  j 
&ee  governments  ;  but  they  have  not  at  all  times  tlie  same  : 
character  and  the  same  propensities.  \ 

At  certùn  periods,  a  nation  may  be  oppressed  hj  such 


{nmpportalile  evils  bb  to  coiuniTe  the  design  of  effecting  a 
total  change  in  theàr  political  conatitation  ;  it  odier  tmui, 
the  mischief  lies  still  deeper,  «nd  the  existence  of  socie^ 
itself  is  endangered.  Such  are  the  times  of  great  lerdo- 
tions  and  of  great  parties.  But  between  these  epodu  of 
misery  and  coiifusi(Hi  there  are  periods  during  which  hu- 
man society  seems  to  rest,  and  mankind  to  take  Innath.  - 
Tliis  pause  is,  indeed,  only  apparent  ;  for  time  does  not  stop 
its  course  for  natioiu  any  more  than  for  men  ;  they  are  aU 
advancing  every  day  towards  a  goal  with  which  they  are 
unacquainted.  We  ima^^ne  them  to  be  stationary  only 
when  their  progress  escapes  onr  observatiai,  as  men  who 
are  going  at  a  foot-pace  seem  to  be  standing  stiU  to  those 
who  run- 
But  however  this  may  be,  there  are  certain  epoclis  at 
which  the  changes  that  take  place  in  the  social  and  politi- 
cal constitution  of  nations  are  so  slow  and  insensible,  that 
men  imagine  tliej  have  reached  a  final  state  ;  and  the 
human  mind,  believing  itself  to  be  firmly  based  upon  sure 
foundations,  does  not  extend  its  researches  beyond  a  cer- 
tain horizon.  These  are  tlie  times  of  small  parties  and  of 
rtrigue. 
The  political  parties  which  I  style  great  are  those  which 
•  chng  to  principles  rather  tlian  to  tlieir  consequences  ;  to 
^general,  and  not  to  special  cases  ;  to  ideas,  and  not  to 
/men.  Tliese  parties  are  usually  distinguished  by  nobler 
features,  more  generous  passions,  more  genuine  convic- 
tions, and  a  more  bold  and  open  conduct,  than  the  others. 
In  them,  private  interest,  which  always  plaj-s  the  chief 
part  in  political  passions,  is  more  studiously  veiled  under 
the  pretext  of  tlie  public  good  ;  and  it  may  even  be  some- 
times concealed  from  the  eyes  of  tlie  very  persons  whom  it 
excites  and  impels. 

Minor  parties,  on  the  other  hand,  are  generally  deficient 
in  political  good  faith.     As  they  are  not  sustained  or  djgni- 


PABTIES  IK  THE  tnOTED  STATES.  z2S 

fied  l^  I0A7  purposes,  they  ostensibly  display  the  selfish- 
ness of  their  character  in  their  actions.  They  glow  with 
a  factitious  zeal  ;  their  language  is  vehement  ;  but  their 
conduct  is  timid  and  irresolute.  The  means  which  th^ 
employ  are  as  wretched  as  the  end  at  which  they  aim. 
Hence  it  happens,  that,  when  a  calm  state  succeeds  a 
violent  revolution,  great  men  se«n  suddenly  to  disappear, 
and  the  powers  of  the  human  mind  to  lie  concealed.  So- 
ciety is  convulsed  by  great  parties,  it  is  only  agitated  by 
minor  ones  ;  it  is  torn  by  the  former,  by  the  latter  it  is 
degraded  ;  and  if  the  6rst  sometimes  save  it  by  a  salutary 
perturbation,  the  last  invariably  disturb  it  to  no  good  end. 

America  has  had  great  parties,  but  has  them  no  longer; 
and  if  hor  happiness  is  thereby  consiJerably  increased,  her 
morality  has  suffered.  When  the  war  of  independence 
was  terminated,  and  the  foundations  of  the  new  govern- 
ment were  to  be  laid  down,  the  nation  was  divided  be- 
tween two  opinions,  —  two  opinions  which  are  as  old  aa 
the  world,  and  which  are  perpetually  to  be  met  with,  under 
different  forms  and  various  names,  in  all  free  communities, 
—  the  one  tending  to  limit,  the  other  to  extend  indefinitely, 
the  power  of  the  people.  The  conflict  between  these  two 
opinions  never  assumed  that  degree  of  violence  in  America 
which  it  lias  frequently  displayed  elsewhere.  Both  parties 
of  the  Americans  were  agreed  upon  the  most  essential 
points  ;  and  neither  of  them  had  to  destroy  an  old  consti- 
tution, or  to  overthrow  the  structure  of  society,  in  order  to 
triumph.  In  neither  of  them,  consequently,  were  a  great 
number  of  private  interests  affected  by  success  or  defeat  : 
but  moral  principles  of  a  high  order,  such  as  tlie  love  of 
equality  and  of  independence,  were  concerned  in  the 
struggle,  and  these  sufficed  to  kindle  violent  passions. 

The  party  which  desired  to  limit  the  power  of  the 
people,  endeavored  to  apply  its  doctrines  more  especially 
to  the  Constitution  of  the  Union,  whence  it  derived  ita 


'J^  DKMOCSACT  IN  AMkHOA. 

-name  of  Feâerai.  The  olher  party,  which  affected  to  be 
exclusively  attached  to  the  cause  of  liberty,  took  that  rf 
Republican.  America  m  the  land  of  democracy,  and  the 
Federalists,  therefore,  were  always  in  a  minority  ;  but  they 
reckoned  on  their  side  almost  all  the  gi-cat  men  whom  the 
war  of  independence  liad  pnxlucfKl,  and  their  moral  power 
*as  ^ery  considerable.  Their  cause  was,  moreover,  favored 
by  circumstances.  The  rain  of  the  first  Confederation  had 
impressed  the  people  mth  a  dread  of  anarchy,  and  the 
Federalists  profited  by  this  transient  disposition  of  the  mul- 
titude. For  ten  or  twelve  years,  they  were  at  the  head  of 
aflRnirs,  and  they  were  able  to  apply  some,  though  not  all, 
of  their  principles  ;  for  the  hostile  current  was  becoming 
from  day  to  day  too  violent  to  be  checked.  In  1801,  ihè 
Repubhcans  got  possession  of  the  government:  Thomas 
Jefferson  was  elected  President  ;  and  he  increased  the  in- 
fluence of  their  party  by  the  weight  of  his  great  name,  the 
brilliancy  of  his  talenta,  and  his  immense  popularity. 

The  meaiK  by  which  the  Federalists  had  maintained 
their  position  were  artificial,  and  their  resources  were  tem- 
porary :  it  was  by  the  virtues  or  the  talents  of  their  leaders, 
AB  well  as  by  fortunate  circumstances,  that  they  had  risen 
to  power.  ^Vhen  the  Republicans  attained  that  station  in 
their  turn,  their  opponents  were  overwhelmed  by  utter 
defeat.  Ji.T\  immense  majority  declared  itself  against  the 
retiring  party,  and  the  Federalists  found  themselves  in  so 
small  a  minority,  that  they  at  once  despaired  of  fiiture  suc- 
cess. From  that  moment,  the  Repubfican  or  Democratic 
party  has  proceeded  from  conquest  to  conquest,  until  it  has 
acquired  absolute  supremacy  in  the  country.  The  Fed- 
eralists, perceiving  that  they  were  vanquished  without  re- 
source, and  isolated  in  the  midst  of  the  nation,  fell  into  two 
^visions,  of  which  one  joined  the  victorious  Republicans, 
«^  the  other  laid  down  their  banners  and  changed  their 
MBLB.  Many  years  have  elapsed  since  they  wholly  ceased 
'st  as  a  party. 


PARTIES  IN  THE  tnOTBD  STATES.  W6 

The  accession  of  the  Fedendiato  to  power  was,  ia  my 
opinion,  one  of  the  most  fortunate  incidents  which  accon^Jj 
panied  the  formation  of  the  great  American  Union  :  thej^ 
resisted  the  inevitable  propensities  of  their  country  anif 
their  age.  But  whether  their  theories  were  good  or  bad, 
they  had  the  fault  of  being  inapplicable,  as  a  whole,  to  the 
society  which  they  wished  to  govern,  and  that  wluch 
occurred  under  the  auspices  of  Jeflerson  must  therefore 
have  taken  place  sooner  or  later.  But  their  govemmentl 
at  least  gave  the  new  republic  time  to  acquire  a  certami 
atability,  and  aûerwards  to  support  without  inconveniencej 
the  rapid  growtli  of  the  veiy  doctrines  which  they  had 
combated.  A  considerable  number  of  their  principles, 
moreover,  were  embodied  at  last  in  the  political  creed  of 
their  opponents  ;  and  the  Federal  Constitution,  which  sub- 
sists at  the  present  day,  is  a  lasting  monument  of  thdr 
patriotism  and  their  wisdom. 

Cheat  political  parties,  then,  are  not  to  be  met  with  in 
the  United  States  at  the  present  time.  Parties,  indeed, 
may  be  found  which  tlireaten  the  future  of  the  Union; 
but  tliere  are  none  wliich  seem  to  contest  the  present  form 
of  government,  or  the  present  course  of  society.  The 
parties  by  which  the  Union  is  menaced  do  not  rest  upon 
principles,  but  upon  material  interests.  These  interests 
«onstitute,  in  the  difFerent  provinces  of  so  vast  an  empire, 
rival  nations  rather  than  parties.  Thus,  upon  a  recent 
occasion  [1832],  the  North  contended  for  the  system  of 
c(»nmercial  prohibition,  and  the  South  took  up  arms  in 
&vor  of  free  trade,  simply  because  the  North  is  a  manulàc- 
turing  and  the  South  an  agricultural  community  ;  and  the 
restrictive  system  which  was  profitable  to  tlie  one,  was 
prejudicial  to  the  other. 

Id  the  absence  of  great  parties,  the  United  States  swaim 
with  lesser  controversies  ;  and  public  opinion  is  divided 
into  a  thousand  minute  shades  <^  difference  upon  quutions 


Wo  DEMOCRACT  IN  AUEBIOA, 

of  detnil.  The  pains  which  are  taken  to  create  parties  are 
inconceivable,  and  at  the  present  day  it  is  no  easy  task. 
In  tJie  United  States,  there  is  no  religious  animosity,  bo- 
cause  all  religion  is  respe/^tccl,  and  no  sect  is  predominant  j 
there  is  no  jealousy  of  rank,  beosmsc  the  pi:ii|Ji.'  are  every- 
tlung,  and  none  can  contât  their  aothcMity  ;  lastly,  then  fa 
no  pablic  misery  to  serve  u  a  means  of  a^tatitm,  Iwcaan 
the  physical  position  <tf  the  conntry  opens  so  wide  ft  fidd 
to  industry,  that  man  onfy  needs  to  be  let  alone  to  be  tiàê 
to  accomplish  prodi^ee.  NerertlieleBS,  ambidoiu  nun  irfll 
succeed  in  creating  parties,  since  it  is  difficult  to  tgeet  ■ 
person  from  anthority  uptm  the  mere  ground  that  his  plaoa 
is  coveted  by  others.  AU  the  skill  of  the  acton  in  the 
political  world  lies  in  the  art  of  creating  parties.  A  pdit- 
ical  aspirant  in  the  United  States  begins  by  discerning  his 
own  interest,  and  discovering  those  other  interests  which 
may  be  collected  around,  and  amalgamated  with  it.  He 
then  contrives  to  find  out  some  doctrine  or  principle  which 
may  suit  the  purposes  of  this  new  association,  and  which 
he  adopts  in  order  to  bring  forward  his  party  and  secure  its 
popularity  :  just  as  the  imprimatur  of  the  king  was  in  for- 
mer days  printed  upon  the  title-page  of  a  volume,  and  was 
thus  incorporated  with  a  book  to  which  it  in  no  wise  he- 
{longed.  This  being  done,  the  new  party  is  ushered  into 
Ithe  poUtical  world. 

All  the  domestic  controversies  of  the  Americans  at  first 
appear  to  a  stranger  to  be  incomprehensible  or  puerile,  and 
he  is  at  a  loss  whether  to  pity  a  people  who  take  such  ar- 
rant trifles  in  good  earnest,  or  to  envy  that  happiness  which 
enables  a  community  to  discuss  them.  But  when  he  comes 
to  study  the  secret  propensities  which  govern  the  facUons 
of  America,  he  easily  perceives  that  the  greater  part  of 
thero  are  more  or  less  connected  with  one  or  the  other  of 
those  two  great  divisions  which  have  always  existed  in  Iree 
oommunities.     The  deeper  we  penetrate  into  the  inmost 


PABTIES  m  THE  T^TITED   STATES.  2^ 

flion^t  of  these  parties,  the  more  do  we  perceive  that  thei'l 
object  of  the  one  is  to  limit,  and  that  of  the  other  to  ex-J 
tend,  the  authori^  of  the  people.  I  do  not  assert  that  thelj 
ostensible  purpose,  or  even  that  the  secret  aim,  of  Amer- 
ican parties  is  to  promote  the  irale  of  aristocracy  or  de- 
mocracy in  the  country  ;  but  I  afBnn  that  aristocratic  or 
democratic  passions  may  easily  be  detected  at  the  bottom 
of  all  parties,  and  that,  although  they  escape  a  superficial 
observation,  they  are  the  main  point  and  sonl  of  every  fec- 
tion  in  the  United  States. 

To  quote  a  recent  example:  —  when  President  Jackson 
attacked  the  Bank,  the  country  was  excited,  and  parti» 
were  formed;  the  well-informed  classes  rallied  round  the 
Bank,  the  common  people  round  the  President.  But  it 
must  not  be  ima^ned  that  the  people  had  formed  a  rational 
opinion  upon  a  question  which'  offers  so  many  difficulties  to 
the  most  experienced  statesmen.  By  no  means.  The 
Bank  is  a  great  establishment,  which  has  an  independent 
existence  ;  and  the  people,  accustomed  to  make  and  un- 
make whatsoever  they  please,  are  startled  to  meet  with  this 
obstacle  to  their  authority.  In  the  midst  of  the  perpetual 
fluctuation  of  society,  the  community  is  irritated  by  so 
permanent  an  institution,  and  is  led  to  attack  it,  in  order 
to  see  whether  it  can  be  shaken,  like  everything  else. 


SecnC  OppoiiCioD  of  wealthj  IndiTidiuli  to  DenHXTBCj.  —  Their  Betire- 
rnent  —  Tlieir  TmW  for  excldrivs  Pteunrcs  and  for  Loxnry  at  Home. 
—  Tbdr  SimpUdtj  abroad.  —  Thdr  aOected  Condescension  lowaidi  tlM 

It  sometimes  happens,  in  a  people  amongst  whom  variom 
opinions  prevail,  that  the  balance  of  parties  is  lost,  and  one 
of  than  obtains  an  irrenstible  preponderance,  orerpowen 


«  nSMOCRACT  IN   AMERICA, 

■U  utKitarli"»,  annihilates  its  oppononts,  and  appropriatea  aO 
■w  ivsourcvs  of  society  to  its  own  use.  The  Muiqtùsheâ 
foi(>ttir  of  sut'ci-as,  hide  llieir  heads,  and  are  aileut.  The 
>atu>ii  seems  to  be  governed  by  a  single  principla,  unive>- 
m1  stitlne3.<i  prevails,  and  the  prevailing  party  assumes  tlie 
CTwiit  of  Iwving  restored  peace  and  unanimity  to  Ui©  coun- 
tey.  But  under  this  apparent  unanimity  still  exist  pro- 
feuiid  differeiifes  of  opinion,  and  real  opposition. 

This  is  what  occurred  in  America  ;  when  tlie  iliaiiocrEtic 
^rty  got  the  upper  hand,  it  took  excluaive  poMesAion  of 
the  conduct  of  afStijs,  and  from  that  time,  the  laws  and  the 
Customs  of  society  have  been  adapted  to  its  caprices.  At 
the  present  day,  tho  more  affluent  classes  of  society  have 
tio  itifluencu  in  poliiicnl  rttïiùrs  ;  and  »e«Itl.,  fur  from  con- 
ftrring  a  right,  is  rather  a  cause  of  unpopularity  than  a 
means  of  attaining  power.  The  rich  abandon  the  lists, 
through  unwillingness  to  contend,  and  frequently  to  con- 
tend in  vain,  against  the  poorer  classes  of  their  féllow-cîti- 
KDs.  As  they  cannot  occupy  in  public  a  position  équiva- 
lent to  what  they  hold  in  private  Ufe,  tliey  abandon  the 
fi>rmer,  and  ^ve  themselves  up  to  the  latter  ;  and  they 
oonstitute  a  private  society  in  the  state,  which  has  its  own 
tastes  and  pleasures.  They  submit  to  this  state  of  things 
as  an  irremediable  evil,  but  they  are  careful  not  to  show 
bat  they  are  galled  by  its  continuance  ;  one  often  hears 
hem  laud  the  advantages  of  a  repubhean  government  and 
lemocratie  institutions  when  they  are  in  public.  Next  to 
■ating  their  enemies,  men  are  most  inclined  to  flatter  them. 
Mark,  for  instance,  that  opulent  citizen,  who  is  as  anx- 
D(ia  as  a  Jew  of  the  Middle  Ages  to  conceal  his  wealth. 
His  dress  is  plain,  his  demeanor  unassuming  ;  but  the  'in- 
srior  of  his  dwelling  glitters  with  luxury,  and  none  but  a 
i)w  chosen  guests,  whom  he  haughtily  styles  his  equals,  are 
■flowed  to  penetrate  into  this  sanctuary.  No  European 
wble  is  more  exclusive  in  his  pleasure^  or  more  jealous  of 


PABTIES  m  T^  CmTSD  STATES.  SSt 

the  smalleat  advantages  which  a  privileged  station  conjèn. 
But  the  same  individual  crosses  the  city  to  reach  a  dark 
coundag-hoose  in  the  centre  of  trafBc,  where  every  one 
may  accost  him  who  pleases.  If  he  meets  his  cobbler 
upon  the  way,  they  stop  and  converse  ;  the  two  citizens 
discuss  the  aHàirs  of  the  state,  &nd  shake  hands  before 
tiey  part. 

But  beneath  this  aitiâcial  enthusiasm,  and  these  obsequial 
ous  attentions  to  the  preponderating  power,  it  is  easy  toj 
perceive  that  the  rich  have  a  hearty  dislike  of  the  demo-l 
cratic  institutions  of  their  country.  The  people  form  ft' 
power  which  they  at  once  fear  and  despise.  If  the  mal- 
administration of  the  democracy  ever  brings  about  a  revo- 
lutionary crisis,  and  monarchical  institutions  ever  become 
practicable  in  the  United  States,  Uie  truth  of  what  I  ad- 
vance will  become  obvious. 

The  two  chief  weapons  which  parties  use  in  order  to  ob-  U 
tain  success  are  the  wewtpaper»  and  public  attocialioni.  ' 


DraiOCRACT  IN  AHEBIUA. 


CHAPTER    XI. 

UBEBTT  OF  THE  PBESS  m  THE  CNITED  STATES. 

Difficulty  of  restrainÎDg  the  Libert;  of  the  Preaa.  —  Puticnlar  B«MOiif 
which  Mme  Nstioiu  hne  lot  cheriahiog  thij  Ltber^.  —  The  Liberty 
of  (he  Pron  •  meeutxj  Coueqnence  of  the  SorerdgDtj  of  the  Ttojik 
U  ic  is  nnderalood  in  America.  —  Violeot  Luigoage  of  tbo  Poriodkd 
Press  JD  tbo  United  States.  —  The  Periodical  Press  has  some  pccuJiat 
Instincts,  proved  b;  the  Example  of  the  United  States.  —  Opinion  of 
the  Americans  npon  the  Judicial  RcprcssioD  of  the  Abnsee  of  the  Preia. 
—  Wh/  the  Press  is  less  powerful  in  America  than  in  Prance. 

THE  influence  of  the  liberty  of  the  press  does  not  afièct 
political  opinions  alone,  but  exten<Is  to  all  the  opinions 
of  men,  and  modifîcâ  customs  as  v>-g]1  as  laws.  In  another 
part  of  tliiâ  work,  I  shall  attempt  to  determine  the  degree 
of  influence  wliich  the  liberty  of  the  press  lias  exercised 
upon  civil  society  in  the  United  States,  and  to  point  out 
the  direction  which  it  has  given  to  the  ideas,  as  well  as  the 
tone  which  it  has  imparted  to  the  character  and  the  feel- 
ings, of  the  Anglo-Americana.  At  present,  I  purpose  only 
to  examine  tlio  effects  produced  by  the  Uberty  of  the  press 
in  the  political  world. 

I  confess  that  I  do  not  entertain  that  firm  and  complete 
attachment  to  the  liberty  of  the  press  which  is  wont  to  be 
excited  by  things  that  are  supremely  good  in  their  very 
■  nature.  I  approve  of  it  from  a  consideration  more  of  the 
tivila  it  prevents,  than  of  the  advantages  it  insures. 

If  any  one  could  point  out  an  intermediate  and  yet  a 
tenable  position  between  the  complete  independence  and 
the  entire  Eer\-itude  of  opinion,  I  should,  perhaps,  be  in- 


UBEBTT  OF  THE   PRESS  m  THE  UNITED  STATES.      231 

elined  to  adopt  it  ;  but  the  difficulty  is,  to  diwover  this  in- 
termediate position.  Intending  to  correct  the  licentiousaees 
of  the  press,  and  to  restore  the  use  of  orderly  language, 
you  first  try  the  offender  by  a  jury  ;  bnt  if  the  jury  acquits 
him,  the  opinion  which  was  that  of  a  single  individual  be- 
comes the  opinion  of  the  whole  countiy.  Too  much  and 
too  little  lias  therefore  been  done;, go  &rther,  then.  Ton 
bring  the  delinquent  before  permanent  ma^stratea  ;  but 
even  here,  the  cause  must  be  heard  before  it  can  be  decid- 
ed J  and  the  very  principles  which  no  book  would  have 
ventured  to  avow  are  blazoned  forth  in  the  pleadings,  and 
what  was  obscurely  hinted  at  in  a  single  composition  is 
thus  repeated  in  a  multitude  of  other  publications.  The 
language  is  only  the  expression,  and  (if  I  may  so  speak) 
the  body,  of  the  thought,  but  it  is  not  the  thought  itself 
Tribunals  may  condemn  the  body,  but  the  sense,  the  spirit, 
of  the  work  is  too  subtile  for  tlieir  authority.  Too  much 
has  still  been  done  to  recede,  too  little  to  attain  your  end  ; 
you  must  go  still  farther.  Establish  a  censorship  of  the 
press.  But  the  tongue  of  the  public  speaker  will  still 
make  itself  heard,  and  your  purpose  is  not  yet  accom- 
plished ;  you  liave  only  increased  the  mischief.  Thought 
is  not,  like  physical  strength,  dependent  upon  the  number 
of  its  agents  ;  nor  can  authors  be  counted  like  the  troops 
which  compose  an  army.  On  the  contrary,  tlie  authority 
of  a  prineijile  is  often  mcreased  by  the  small  number  o£ 
men  by  whom  it  is  expressed.  The  words  of  one  strong- 
minded  man,  addressed  to  the  passions  of  a  listening  assem- 
bly, have  more  power  than  the  vociferations  of  a  thousand 
orators  ;  and  if  it  be  allowed  to  speak  freely  in  any  one 
public  place,  the  consequence  h  the  same  as  if  free  speak- 
ing was  allowed  in  every  village.  The  hberty  of  speech 
must  therefore  be  destroyed,  as  well  as  the  liberty  of  the 
press.  And  now  you  have  succeeded,  everybody  is  r&- 
duced  to  silence.     But  your  object  was  to  repress  the 


SSS  DEUOCRACr  IN  AUXKICA. 

abuses  of  liljprty,  and  you  are  brought  to  tho  feet  of 
despot.     You  bave  been  ]<s\  iruin  tJie  extreme  of  indepen- 
dence to  tbe  extreme  of  aenHtnde,  without  finding  a  single 
t«nab1e  position  on  tbe  way  at  which  you  could  stop. 

There  are  ctTlain  nations  which  have  peculiar  reasons 
for  cberislJng  tho  liberty  of  tbe  jiress,  independently  of 
the  genenJ  motives  which  I  have  just  poinled  out.     For 
ceiluin  cuiiutrii's  which  profess  to  ht?  free,  every  individual. 
agent  of  the  government  a»y  violate  the  Uws  witli 
nity,  since  tbe  constitatîon  doe*  not  give  to  thtne  wbo  MRfrj- 
injured  a  right  of  complaint  be£H«  the  coorts  of  jartieBil 
In  this  case,  the  liberty  of  the  jh^m  îb  not  merdy  «te  vt  - 
the  guaranties,  but  it  is  the  only  gnaranty,  of  thdr  libM^c^ 
and  security  which  the  citizens  possess.     If  tbe  nders  of 
these  nations  proposed  to  abolish  the  independence  of  the 
press,  the  whole  people  might  answer,  Give  us  tbe  right 
of  prosecuting  your  offences  before  the  ordinary  tribunals, 
and  perhaps  we  may  then  waive  our  right  of  appeal  to 
the  tribunal  of  public  opinion. 

In  countries  where  tbe  doctrine  of  the  sovereignty  of  the 
people  ostensibly  prevails,  the  censorship  of  the  press  is  not 
,  only  dangerous,  but  absurd.  When  the  right  of  every  cid- 
i  \  zen  to  a  share  in  the  government  of  society  is  acknowl- 
1  .edged,  every  one  must  be  presumed  to  be  able  to  choose 
Detween  the  various  opinions  of  his  contemporaries,  and  to 
appreciate  the  different  fects  from  which  inferences  may  be 
drawn.  The  sovereignty  of  the  people  and  tbe  Uisxty:.^ 
the  press  may  therefore  be  regarded  as  correlative  ;  just  as 
the  censorship  of  tlie  press  and  universal  suffrage  are  two 
thin^  which  are  irreconcilably  opposed,  and  which  cannot 
long  be  retained  among  the  institutions  of  the  same  people. 
Not  a  single  individual  of  tbe  [thirty]  millions  who  inhabit 
the  United  States  has,  as  yet,  dared  to  propose  any  restric- 
titMis  on  the  liberty  of  tbe  press.  The  first  newspaper 
over  which  I  cast  my  eyes,  upon  my  arrival  in  America, 
contained  the  following  article  :  — ■ 


i 


UBERTT  OF  THE  FBE5S  tS  TEE  DKITED  BTATES.      2S8 

"In  all  this  aiTair,  the  language  of  JacktoD  [tfae  President] 
bas  been  that  of  a  heartlMB  despot,  ralclj  occupied  with  th« 
preservation  of  his  own  authori^.  Ambition  is  hia  crime,  and 
it  will  be  hU  punishment,  too:  intrigue  is  his  na^re  element,  and 
intrigue  will  confound  his  tricks,  and  deprive  him  of  bb  power. 
He  governs  bj  means  of  corruptimi,  and  his  immoral  practices 
will  redound  to  his  shanie  and  confusion.  His  conduct  in  the 
political  arena  has  been  that  of  a  shameless  and  lawless  game- 
ster. He  succeeded  at  the  time  ;  but  the  hour  of  retribution  ap- 
proaches, and  he  will  be  obliged  to  disgorge  his  winnings,  to  throw 
aside  bis  false  dice,  and  to  end  hig  days  in  some  retirement,  where 
he  maj  curse  his  madness  at  his  leisure  ;  for  repentance  is  K 
virtue  with  which  his  heart  is  likely  to  remain  forever  unac- 
quainted." 

Many  persons  in  France  think,  that  the  violence  of  the 
press  originates  in  the  instability  of  the  social  state,  in  oar 
political  passions,  and  the  general  feeling  of  uneasiness 
which  consequently  prevails  ;  and  it  is  therefore  supposed 
that,  as  soon  as  society  has  resumed  a  certain  degree  of 
composure,  the  press  will  abandon  its  present  vehemence. 
For  my  own  part,  I  would  willingly  attribute  to  these 
causes  the  extraordinary  ascendency  which  the  press  has 
acquired  over  the  nation  ;  but  I  do  not  think  that  they  do 
exercise  much  influence  upon  il^  language. ,  The  periodi-I 
cal  press  appears  to  me  to  have  passions  and  instincts  of  j  < 
its  own,  independent  of  the  circumstances  in  which  it  isi  , 
placed  ;  and  the  present  condition  of  America  corroborates  ' 
this  opinion. 

America  is  perhaps,  at  this  moment,  the  country  of  the 
whole  world  which  contûns  the  fewest  germs  of  revolor 
tJon  ;  but  the  press  is  not  less  destructive  in  its  principles 
there  than  in  France,  and  it  displays  the  same  violence 
without  the  same  reasons  for  indignation.  In  America,  as 
in  France,  it  constitutes  a  singular  power,  so  strangely 
CfMiiposed  of  mingled  good  and  evil,  that  liberty  could  not 


SS4  DBUOOBAOT  Dl  AMERICA. 

live  williout  it,  and  public  order  caii  Iiardly  Iki  tnaintnoed 
aguinst  iu  Its  power  is  certainly  nitich  greater  iii  Franca 
than  111  lli«  United  States;  tlu>ugh  nothing  is  more  nire  in 
the  latter  counliy  than  to  hear  of  a  prosecution  being  insti- 
tuted nguiiut  it.  The  reason  of  this  is  perfectly  simple: 
the  Americans,  liavbig  once  admitted  tlie  doctrine  of  the 
Boven-igiity  of  the  people,  apply  it  with  perfect  sincerity. 
Bt  wna  never  their  intention  out  of  eJcmcnts  which  ara 
Ichanj^iii^  eveiy  day  to  create  institutions  which  should  kiat 
ttbr<j\'er;  and  there  is  consequently  notliing  criminal  in  aa 
kttack  upon  the  existing  laws,  provided  a  ^'iolenl  infractioa 
[of  tlieui  is  not  intended.  They  are  also  of  opinion  that 
courts  of  justice  are  powerless  to  check  the  abuses  of  tho 
press  ;  and  tliat,  as  the  subtilty  of  human  language  perpet- 
ually eludes  judicial  analysis,  oti'ciiccs  of  tliis  nature  some- 
how escape  tlie  hand  which  attempts  to  seize  them.  They 
hold  tliat,  to  act  with  efficacy  upon  the  press,  it  would  be 
necessary  to  find  a  tribunal,  not  only  devoted  to  the  exist- 
ing order  of  things,  but  capable  of  surmounting  tlie  infllH 
ence  of  public  opinion  ;  a  tribunal  which  should  conduct 
tta  proceedings  without  publicity,  which  should  pronounce 
its  decrees  without  assigning  its  motives,  and  punish  the 
intentions,  even  more  than  the  language,  of  a  writer. 
Whoever  should  be  able  to  create  and  maintain  a  tribu- 
nal of  this  kind,  would  waste  his  time  in  prosecuting  the 
liberty  of  the  press  ;  for  he  would  be  the  absolute  master 
of  the  whole  community,  and  would  be  as  free  to  rid  him- 
self of  tlie  autliors  as  of  tbeir  writings.  In  this  question, 
therefore,  there  is  no  medium  between  servitude  and 
license  ;  in  order  to  enjoy  the  inestimable  benefits  which 
the  liberty  of  tlie  press  insures,  it  is  necessary  to  submit  to 
the  inevitable  evils  which  it  creates.  To  expect  to  acquire 
the  former,  and  to  escape  the  latter,  is  to  cherish  one  of 
those  illusions  which  commonly  mislead  nations  in  thôr 
times  of  sickness,  when,  tired  with  iaction  and  exhausted 


LIBEBTT  OF  THE  FBESB  III  THE  QNTTED  STATES.      235 

hy  effort,  they  attempt  to  make  hostile  opinions  and  con- 
traiy  principles  coexist  npim  the  same  soIL 

The  small  influence  of  the  American  journals  is  attrib- 
utable to  several  reasons,  amongst  which  are  the  following. 

The  liberty  of  writing,  like  all  other  liberty,  is  most  for- 
midable when  it  is  a  novelty  ;  for  a  people  who  have  never 
been  accustomed  to  hear  state  afî^rs  discussed  before  them, 
place  implicit  confidence  in  the  first  tribune  who  presents 
himself.  The  Anglo-Americans  have  enjoyed  this  liberty 
ever  since  tlie  foundation  of  the  Colonies  ;  moreover,  the 
press  cannot  create  human  passions,  however  skilfully  it 
may  kindle  them  where  they  esist.  In  America,  political 
hfe  is  active,  varied,  even  a^tated,  but  is  rarely  affected  by 
those  deep  passions  which  are  excited  only  when  material 
interests  are  impaired:  and  in  the  United  States,  these 
interests  are  prosperous.  A  glance  at  a  French  and  an 
American  newspaper  is  sufhcient  t»  show  the  difference 
which  exists  in  this  respect  between  the  two  nations.  In 
France,  the  space  allotted  to  commercial  advertisements  is 
vety  limited,  and  the  news-intelligence  is  not  considerable  ; 
but  the  essential  part  of  the  journal  is  the  discussion  of  the 
politics  of  tlie  day.  In  America,  three  quarters  of  the 
enormous  sheet  are  filled  with  advertisements,  and  the  re- 
mainder is  frequently  occupied  by  political  intelligence  or 
trivial  anecdotes:  it  is  only  from  time  to  time,  that  one 
finds  a  comer  devoted  to  passionate  discussions,  like  those 
which  the  journalists  of  France  every  day  ^ve  to  their 
readers. 

It  has  been  demonstrated  by  observation,  and  discovered 
l^  the  snre  instinct  even  of  the  pettiest  despots,  that  the 
influence  of  a  power  is  increased  in  proportion  as  its  direo 
tion  is  centralized.  In  France,  the  press  combines  a  two- 
fold centralization  ;  almost  all  its  power  is  centred  in  the 
same  spot,  and,  so  to  speak,  in  the  same  hands  ;  for  its 
organs  are  &r  fi^om  numerous.     The  influence  of  a  public 


■2iui  Daioou,cT  II  trnitfii 

^truw  thus  conititated,  upon  a  weepSiai  ludicn,  mnat  be  rfp 
utiut  unbounded.  It»  an  aoMKy  with  whom  a  fflwmmatt 
luuy  iti}|^  an  occasional  trace,  but  which  it  is  difficult  to 
rtwiiit  fur  any  length  of  time. 

Neither  of  these  kinds  of  centtslimlioa  exista  in  Ama^ 
ica.  The  United  States  have  no  metropolis;  the  intel- 
ligence and  the  power  ot  the  people  aie  disseminated 
through  all  the  parts  of  thk  vast  country,  and  instead  of 
radiating  from  a  common  pant,  they  cross  each  other  in 
every  direction  ;  die  Americana  have  nowhere  estahlishad 
any  central  directicm  of  opinion,  any  more  than  of  die 
conduct  of  afEkirs.  This  différence  arises  from  local  dp* 
cumstances,  and  not  from  hnman  power;  bnt  it  is  owing 
to  the  laws  of  the  Union  that  there  are  no  licenses  to  be 
granted  to  printers,  no  securities  demanded  from  editors,  as 
in  France,  and  no  stamp  duty,  as  in  France  and  England. 
The  consequence  is,  that  nothing  is  easier  than  to  set  up  a 
newspaper,  as  a  small  number  of  subscribers  suffices  to  de- 
fray the  expenses. 

Henco  the  number  of  periodical  and  semi-periodical  pub 
lications  in  the  United  States  is  almost  incredibly  large. 
I  The  most  enlightened  Americans  attribute  the  httle  in 
;flnence  of  the  press  to  this  excessive  dissemination  of  its 
j  power  ;  and  it  is  an  axiom  of  political  science  in  that  coun- 
try, that  the  only  way  to  neutralize  the  ctTuct  of  the  public 
journals  is  to  multiply  their  number.  I  cannot  sec  how  a 
truth  which  is  so  self-evident  should  not  already  ha^'e  been 
more  generally  admitted  in  Europe-  I  can  see  why  tlie 
persons  who  hope  to  bring  about  revolutions  by  means  of 
the  press,  should  be  desirous  of  confining  it  to  a  few  power- 
fid  organs  ;  but  it  is  inconceivable  that  the  official  partisans 
of  the  existing  slate  of  things,  and  tlie  natural  supporters 
of  the  taws,  should  attempt  to  diminish  the  influence  of  the 
press  by  concentrating  its  power.  The  governments  of 
Snrope  seem  to  treat  the  press  with  the  courtesy  which 


LIBERTT  OF  THE  PBE38  IN  THK  OMITED  STATES.      28T 

the  knights  of  old  showed  to  their  opponents  ;  having 
found  from  their  own  experience  that  centralization  is  a 
powerful  weapon,  they  have  fiimiahed  their  enemies  with 
it,  in  order  doubtless  to  have  more  glory  for  overcoming 
them. 

In  America,  there  is  scarcelj  a  hamlet  which  has  not  ita 
newspaper.  It  maj  readily  be  imaged,  that  neither  dis- 
cipline nor  unity  of  action  can  be  established  among  so 
many  combatants  ;  and  each  one  consequently  fights  under 
his  own  standard.  All  the  political  joumota  of  the  United 
States  are,  indeed,  arrayed  on  the  side  of  the  administration 
or  against  it  ;  but  they  attack  and  defend  it  in  a  thousand 
different  ways.  They  cannot  form  those  great  currents  <tf 
opinion  which  sweep  away  the  strongest  dikes.  This  di- 
vision of  the  influence  of  the  press  produces  other  cons^ 
quences  scarcely  less  remarkable.  The  &cility  with  which 
newspapers  can  be  established  produces  a.  multitude  of 
them  ;  but  as  the  competition  prevents  any  considerable  ' 
profit,  persons  of  much  capacity  are  rarely  led  to  engage  in 
these  undertakings.  Such  is  the  number  of  the  public 
prints,  that,  even  if  they  were  a  source  of  wealth,  writers 
of  ability  could  not  be  found  to  direct  them  all.  The  jour- 
nalists of  tbe  United  States  are  generally  in  a  very  humble 
position,  with  a  scanty  education  and  a  vulgar  turn  c£ 
mind.  The  will  of  tlie  majority  is  .the  most  general  of 
laws,  and  it  establishes  certùn  habits  to  which  every  one 
must  tlien  conform  ;  the  aggregate  of  these  common  habits 
is  what  is  called  the  class-spirit  (etprit  de  corps)  of  each 
profession  ;  thus  there  is  the  class-spirit  of  tlie  bar,  of  the 
court,  £c.  The  class-spirit  of  the  French  journalists  coi>- 
nsts  in  a  violent,  hut  frequently  an  eloquent  and  lofiy, 
manner  of  discussing  the  great  interests  of  the  state  ;  and 
the  exceptions  to  tliis  mode  of  writing  are  only  occasional. 
The  cliaracteristics  of  the  American  journalist  consist  in 
an  open  and  coarse  appeal  to  the  passions  of  his  readers  ; 


ggg  WHOOuor  n  juœric*. 

htf  nUndnns  principles  to  unail  the  duiacten  of  inâiTil- 
naK  to  (nek  them  into  piirate  life,  and  diMdoM  bD  thû 
wwikiM'sscs  and  vices. 

Nittliinj:  can  be  more  deplorable  than  this  abase  of  tfaa 
nonorx  i>t'  thought  ;  I  shaD  have  occasion  to  p<nnt  out  hem- 
alVr  the  inRiience  of  the  nerspapen  upon  the  taste  and 
iho  iiiiirnlity  of  the  American  people  ;  but  my  present  sab- 
joi'l  ovchisivcly  concerns  the  political  world.  It  cannot  be 
iloiiiitl,  that  the  political  effects  of  âiis  extreme  license  of 
(ho  )ir(>!tit  tend  indhrectly  to  the  maintenance  of  public  ra' 
dor.  'I'ho  individuals  who  already  stand  high  in  the  estmm 
vf  I  hoir  iùllow-citizens  are  airaid  to  writ«  in  tlie  newqi^ 
yr^n,  niid  they  are  thus  deprived  of  the  most  poweifnl  m- 
«Iniuiciit  which  they  can  use  to  excite  the  posions  of  the 
fiinllitiidc  to  their  own  advantage,* 

Thu  personal  opinions  of  the  editors  have  no  weight  in 
tliii  eyes  of  the  public  :  what  they  seek  in  a  newspaper  is  a 
kniiwK'dge  of  facts,  and  it  is  only  by  altering  or  distorting 
thiwo  fuels,  that  a  journalist  can  contribute  to  the  support 
<»f  his  own  views. 

But  altliough  the  press  is  limited  to  tliese  resources,  its 
influence  in  America  is  immense.  It  causes  political  life  to 
circxilate  through  all  the  parts  of  that  vast  territory.  It» 
pyc  is  constantly  open  to  detect  tlie  secret  springs  of  polit 
ical  designs,  and  to  summon  the  leaders  of  all  parties  in 
turn  to  the  bar  of  public  opinion.  It  rallies  the  interests 
of  the  community  round  certain  principles,  and  draws  up 
the  creed  of  e%'ery  party  ;  for  it  affords  a  means  of  inter- 
course between  those  who  hear  and  address  each  other, 
without  ever  coming  into  immediate  contact.  Wlicn  muiy 
organs  of  the  press  adopt  the  same  line  of  conduct,  their 
influence  in  the  long  run  becomes  irresistible  ;  and  public 

•  Thcj  only  write  ia  the  pajwra  when  thty  choose  to  aiMrca  th"  pcopls 
In  their  own  name  ;  u,  for  iostanre,  when  thcj  arc  called  upon  to  repel 
calnmnioua  impulationi,  or  to  correct  a 


LIBERTY  OP  THE  PRESS  IN  THE  OSTTED   STATES.      239 

opinion,  perpctaallj  assailed  from  the  same  side,  eventually 
yields  to  the  attack.  In  the  United  States,  each  sej^ate 
journal  exercises  but  little  authority  ;  but  the  power  of  the 
periodical  press  is  second  only  to  that  of  the  people.* 


The  Opiaiona  established  in  the  United  States,  under  the  loflnence  of  the 
Libcitj  of  the  Frees,  are  frequently  mora  firmly  rooted  than  those  whidi 
aze  fonncd  elsewliero  under  the  Saoctioa  of  ft  Cetuor. 

Is  the  United  States,  the  democracy  perpetually  brings 
new  men  to  the  conduct  of  pubUc  aSbirs;  and  the  ad- 
ministration consequently  seldom  preserves  consistency  or 
order  in  its  measures.  But  the  general  principles  of  the 
government  are  more  stable,  and  the  chief  opinions  which 
regulate  sofiety  are  more  durable,  there  than  in  many  other 
countries.  When  once  the  Americans  have  taken  up  an  H 
idea,  whether  it  be  well  or  ill  founded,  nothing  is  morel  I 
difficult  than  to  eradicate  it  from  their  minds.  The  same  ' 
tenacity  of  opinion  has  been  observed  in  England,  where, 
for  the  last  century,  greater  freedom  of  thought  and  more 
invincible  prejudices  have  existed  than  in  any  other  coun- 
try of  Europe.  I  attribute  this  to  a  cause  wliich  may,  at 
first  sight,  appetir  to  have  an  opposite  tendency,  namely,  to 
the  liberty  of  the  press.  The  nations  amongst  whom  this  [i 
liberty  exists  cling  to  their  opinions  as  much  from  pride  as  ;[ 
from  conviction.  They  cherish  them  because  they  hold 
them  to  be  just,  and  because  they  chose  them  of  their  own 
free  will  ;  and  they  adhere  to  them,  not  only  because  they 
are  true,  but  because  they  are  their  own.  Several  other 
reasons  conduce  to  the  same  end. 

It  was  remarked  by  a  man  of  genius,  that  "  ignorance 

lies  at  the  two  ends  of  knowledge."     Perhaps  it  would  have 

been  more  correct  to  say,  that  strong  convictions  are  found 

only  at  tlio  two  ends,  and  that  doubt  lies  in  the  middle. 

*  See  Appendix  F. 


iiO  DEMOCRACr   IN   AMEBICA, 

Till!  buman  intellect,  in  tnitli,  may  be  considered  in  Ûtno 
ili.it^i-t  slates,  which  frequently  succeed  oae  another. 

A  man  believes  firmly,  because  lie  adopts  a  proporâtion 
without  inquiiy.  He  doubts  as  soon  as  objections  pnesent 
themselves.  But  he  frequeotJy  succeeds  in  satisfying  these 
doubts,  !md  then  he  begins  again  to  believe.  Tliis  time, 
he  has  not  a  dim  and  casual  glimpse  of  tho  truth,  but  sees 
it  clearly  before  him,  and  advances  by  the  light  it  gives." 

When  the  liljerty  of  the  press  acts  upon  men  who  are  in 
the  first  of  these  tliree  states,  it  does  not  immediately  dts~ 
turb  their  habit  of  believing  implicitly  without  invastigatioD, 
but  it  changes  every  day  the  objects  of  their  unreflecting 
convictions.  The  human  mind  continues  to  discern  but 
one  point  at  a  time  upon  tlie  whole  intellectual  horizon, 
and  that  point  ia  constantly  changing.  This  Is  the  period 
of  sudden  n:\'olution8.  Woe  to  tlie  generations  which  first 
abruptly  adopt  the  freedom  of  the  press. 

The  circle  of  novel  ideas,  however,  b  soon  travelled 
I  j  over.  Experience  comes  to  undeceive  men,  ^.nd  plunges 
I  them  into  doubt  and  general  mistrust.  We  may  rest 
assured  that  the  majority  of  mankind  will  always  stop  in 
one  of  these  two  states,  will  either  believe  tliey  know  not 
wherefore,  or  will  not  know  what  to  believe.  Few  are 
those  who  can  ever  attain  to  that  other  state  of  rational 
and  independent  conviction,  which  true  knowledge  can 
produce  out  of  the  midst  of  doubt. 

It  has  been  remarked  that,  in  times  of  great  reliions 
fer\'or,  men  sometimes  change  their  religious  o])inion3  ; 
whereas,  in  limes  of  general  scepticism,  every  one  clings  to 
his  old  persuasion.  The  same  thing  takes  place  in  politics 
under  the  hberty  of  the  press.  In  countries  where  all  the 
theories  of  social  science  have  been  contested  in  their  turn, 

*  It  may,  hoverer,  be  doubted  whether  thia  miond  and  Mlf-gaidiug  con 
Tlnicni  RTOiues  ai  mnch  férror  or  enthosiastic  doToCedncu  in  men,  M  tbeb 

Km  dogmatical  belief. 


LIBEBTT  07  THE  PKE80  Of  THE  DHTTED  STATES.      Ml 


men  who  have  adopted  one  of  them  stick  to  it,  not  bo 
much  because  they  are  sure  of  its  tnith,  as  because'\hejr 
are  not  sore  that  there  is  any  better  to  be  had.  In  the 
present  age,  men  are  not  veiy  ready  to  die  for  their  opiit- 
ions,  but  they  are  rarely  inclined  to  change  them  ;  there 
are  few  martyrs,  as  well  as  few  apostates. 

Another  still  more  valid  reason  may  be  adduced  :  when 
no  opinions  are  looked  upon  as  certain,  men  cling  to  the 
mere  instincts  and  material  interests  of  their  position, 
which  are  naturally  more  tangible,  definite,  and  permanent 
than  any  opinions  in  the  world. 

It  is  a  very  difficult  question  to  decide,  whether  an  arit-  | 
tocracy  or  a  democracy  governs  the  best.     But  ït  is  cert&in   1 
that  democracy  annoys  one  part  of  the  community,  and 
that  aristocracy  oppresses  another.     It  is  a  truth  which  is 
sel^«stablished,  and  one  which  it  is  needless  to  discuss, 
that  "  von  are  rich  and  I  am  poor." 


DEUOORACY  IN  AilïLBlCA. 


CHAPTER    XII. 

POLmCAt  ASSOCUTIONS  IN  THE  UNITED  STATES. 

Pally  Uic  which  Iliv  Anglo-Americaiu  moko  of  the  Rigbt  of  Associatioii.  — 
Tlirou  Kind*  of  Polilic&l  Ajsociatioiit.  —  Uow  tiie  Amcriconi  applj  the 
AepnwvaMlire  STiloni  to  Asaodatioiu.  —  Duig«n  resnlciiig  lo  the  State 
—  Unwt  CoarenlJotioriSai  relktire  to  the  Tariff.  —  Legielativo  CharaidcT 
of  thi*  Convention.  —  Why  the  itnliniiled  Exeidee  of  the  Ilight  of  Ai- 
■  «ocinlion  i»  Ipm  (lanjiproiis  in  the  UDitcd  States  than  elMwhere.  —  Whj 
It  miiT  I-.'  looked  upon  n«  tuxtsmj.  —  Utility  of  Association»  among  a 
dunocraiic  P«opl«. 

IK  no  country  in  the  world  has  the  principle  of  associa- 
tion  been  more  successfully  used,  or  applied  to  a  greater 
multitude  of  objects,  than  in  America.  Besides  the  peiv 
manent  associations,  which  are  established  bj  law,  under 
die  names  of  townships,  cities,  and  counties,  a  vast  number 
of  others  are  formed  and  maint^ned  by  the  agency  of  pri- 
vate individuals. 

The  citizen  of  the  United  States  is  taught  from  in&ncy 
to  rely  upon  his  own  exertions,  in  order  to  reràt-  tha  evils 
and  the  diflimdties  of  life  ;  he  looks  upon  the  social  author- 
i*y  with  ati  eye  of  mistrust  and  anxiety,  and  he  claims  its 
assistance  only  when  he  is  unable  to  do  without  it.  This 
habit  may  be  traced  even  in  the  schools,  where  the  children 
in  their  games  are  wont  to  submit  to  rules  which  they  have 
themselves  established,  and  to  punish  misdemeanors  which 
they  have  themselves  defined.  The  aame  spirit  pervades 
every  act  of  social  life.  If  a  stoppage  occurs  in  a  thor- 
oogh&re,  and  the  circulation  of  vehicles  is  hindered,  the 
neighbors  immediately  form  themselves  into  a  deliberative 


POLITICAL  ASSOCUTIONS  ÏK  THE  UNITED   STATES.      248 

body  ;  and  this  extemporaneous  assembly  gives  rise  to  an 
executive  power,  which  remedies  the  inconvenience  before 
anybody  has  thought  of  recurring  to  a  pre-esisting  authoi^ 
ity  superior  to  that  of  the  persons  immediately  concerned. 
If  some  public  pleasure  is  concerned,  an'  association  is 
formed  to  give  more  splendor  and  regularity  to  the  enter- 
tainment. Societies  are  formed  to  resist  evils  which  are'  ■ 
exclusively  of  a  moral  nature,  as  to  diminish  the  vice  of 
intemperance.  In  the  United  States,  associations  are  es- 
tablished to  promote  the  public  saiety,  commerce,  industry, 
morality,  and  religion.  There  is  no  end  which  the  human 
will  despairs  of  attaining  through  the  combined  power  of 
individuals  united  into  a  society. 

I  shall  have  occasion  hereafter  to  show  the  effects  of 
association  in  civil  life  ;  I  confine  myself  for  the  present  to 
the  political  world.  \Vhen  once  the  right  of  association  is 
recognized,  the  citizens  may  use  it  in  different  ways. 

An  association  consists  simply  in  the  public  assent  which 
a  number  of  individuals  give  to  certain  doctrines  ;  and  in 
the  engagement  which  they  contract  to  promote  in  a  cer- 
tain manner  the  spread  of  those  doctrines.  The  right  of 
associating  with  such  views  is  very  analogous  to  the  hber^ 
of  unlicensed  printing  ;  but  societies  thus  formed  possess 
more  authority  than  the  press.  When  an  opinion  is  rep- 
re3ente<l  by  a  society,  it  necessarily  assumes  a  more  exact 
and  espHcit  form.  It  numbers  its  partisans,  and  compro- 
mises them  in  its  cause  :  they,  on  the  other  hand,  become 
acquainted  with  each  other,  and  their  zeal  is  increased  by 
their  number.  An  association  nnites  into  one  channel  the  I  I 
efforts  of  diverging  minds,  and  urges  them  vigorously  \ 
towards  the  one  end  which  it  clearly  points  out,  '  ' 

The  second  degree  in  the  exercise  of  the  right  of  assi> 
ciation  is  the  power  of  meeting.  When  an  association  is 
allowed  to  establish  centres  of  action  at  certain  important 
points  in  the  country,  its  activity  is  increased,  and  its  ûf 


244  DEHOOACT  n  AUnCA. 

fluence  extended.  Men  have  tba  gppiHtiiilî^  of  MeiDg 
each  other  ;  means  of  ézecnUon  are  comlùiied  ;  and  opin- 
ions are  niaintamed  with  K  warmth  and  energy  whidi 
written  language  can  never  attain. 

Lastly,  in  the  ex&rcise  of  the  right  of  political  auoctft- 
;  tion,  tlicre  Ja  a  third  degree  :  the  partisans  o£  an  ojrâion 
may  unite  in  electoral  bodies,  and  choose  delegates  to  lepi^ 
sent  tliem  in  a  central  assembly.  This  is,  properly  spflak- 
ing,  tlie  application  <^  the  représentative  system  to  a  p^ity. 

Tlias,  in  the  ârst  instance,  a  society  is  formed  twtween 
mdividuals  ]>rofeâsing  the  same  opinion,  and  the  tie  wbidl 
keeps  it  together  is  of  a  purely  intellectual  natore-  In  the 
second  case,  small  assemblies  are  formed,  which  repreaent 
only  a  fraction  of  the  party.  Lastly,  in  the  third  case, 
they  constitute,  as  it  were,  a  separate  nation  in  the  midst 
of  the  nation,  a  government  within  the  government. 
Their  delegates,  like  the  real  delegates  of  the  majority, 
npresent  the  whole  collective  force  of  their  party  ;  and, 
like  them,  also,  have  an  appearance  of  nationality  and  all 
tlie  moral  power  which  results  from  it.  It  is  true  that 
they  have  not  the  right,  like  the  others,  of  making  the 
laws  ;  but  tliey  have  the  power  of  attacking  those  which 
are  in  force,  and  of  drawing  up  beforehand  those  which 
ought  to  be  enacted. 

If,  amohg  a  people  who  are  imperfectly  accustomed  to 
the  exercise  of  freedom,  or  are  exposed  to  violent  political 
passions,  by  the  side  of  the  majority  who  make  the  laws 
be  placed  a  minority  who  only  deliberate  and  get  laws 
ready  for  adoption,  I  cannot  but  believe  that  public  tran- 
quillity would  there  incur  very  great  risks.  There  is 
doubtless  a  wide  difference  between  proving  that  one  law 
is  in  itself  better  than  another,  and  proving  that  tlio  former 
ought  to  be  substituted  for  the  latter.  But  the  imagina- 
tion of  the  multitude  b  very  apt  to  overlook  this  diffeiv 
ence,  which  is  so  apparent  to  the  minds  of  thhikmg  men. 


POLITICAL  ASSOCUTIOHS  M  THE  UOTTED  STATES.      245 

It  sometimes  happens  that  a  nation  is  divided  into  two 
nearly  equal  parties,  each  of  which  affects  to  represent  the 
majority.  If,  near  the  directing  power,  another  power  be 
established,  whicli  exercises  almost  as  much  moral  author- 
i^  as  the  former,  we  are  not  to  believe  that  it  will  long  be 
content  to  speak  witliout  acting  ;  or  that  it  will  always  be 
restrained  by  tlie  abstract  consideration  that  associations 
are  meant  to  direct  opinions,  but  not  to  enforce  them, — 
to  suggest,  but  not  to  make,  the  laws. 

The  more  I  consider  the  independence  of  the  press  in  its 
principal  consequences,  the  more  am  I  convinced  tliat,  in 
the  modem  world,  it  is  the  chief,  and,  so  to  apeak,  the  con- 
stitutive element  of  liberty.  A  nation  which  is  determined 
to  remain  free  is  tlierefore  right  in  demanding,  at  any  price, 
the  exercise  of  this  independence.  But  the  unlimited  lib- 
erty of  political  association  cannot  be  entirely  assimilated 
to  the  liberty  of  the  press.  The  one  is  at  the  same  time  less 
nec^sary,  and  more  dangerous,  than  the  other,  A  nation 
may  confine  it  witliin  certain  limits  without  forfeiting  any 
part  of  its  self-directing  power  ;  and  it  may  sometimes  be 
obliged  to  do  so,  in  onlcr  to  maintain  ita  own  authority. 

In  America,  the  liberty  of  association  for  political  pur-j 
poses  is  unlimited.  An  example  will  show  in  the  clearest! 
light  to  what  an  extent  this  privilege  is  tolemted. 

The  question  of  a  tariff  or  free  trade  has  much  agitated 
Uie  minds  of  Americans.  The  tariff  was  not  only  a  sub- 
ject of  debate  as  a  matter  of  opinion,  but  it  affected  some 
great  material  interests  of  the  States.  The  North  attrib- 
uted a  portion  of  ita  prosperity,  and  the  South  nearly  all 
its  sufferings,  to  this  system.  For  a  long  time,  tlie  tariff 
was  the  sole  source  of  the  political  animosities  which  agi- 
tated the  Union. 

In  1831,  when  the  dispute  was  raging  with  the  greatest 
violence,  a  private  citizen  of  Massachusetts  proposed,  bj 
means  of  the  newspaper»,  to  all  the  enemies  of  the  tariff. 


M6  DEMOCRACY   LV  AMERICA.  * 

to  send  delegates  to  Philadelphia,  in  order  to  consult  t 
gether  upon  the  best  means  of  restoring  freedom  of  tndec 
This  proposal  circulated  in  a  few  dajrs,  by  the  power  of  the 
press,  from  Maine  to  New  Orleans:  tlie  opponents  of  the 
tariff  adopted  it  with  enthusiasm  ;  meetings  were  held  in 
all  quarters,  and  delegates  were  appointed.  The  majority 
of  these  delegates  were  well  known,  and  some  of  them 
had  earned  a  considerable  degree  of  celebrity.  South  Car- 
olina alone,  which  afterwards  took  np  arms  in  the  same 
cause,  sent  sixty-three  delegates.  On  the  1st  of  October, 
1831,  tills  assembly,  which,  according  to  the  American 
custom,  liad  taken  the  name  of  a  Convention,  met  at  Pldl- 
adelphia  ;  it  consisted  of  more  than  two  hundred  member». 
Its  debates  were  public,  and  they  at  once  assumed  a  legis- 
lative character  ;  the  extent  of  the  powers  of  Congress, 
the  theories  of  free  trade,  and  the  different  provisions  of 
the  tariff  were  discussed.  At  the  end  of  ten  days,  the 
Convention  broke  up,  having  drawn  up  an  address  to  the 
American  people,  in  which  it  declared:  —  1.  That  Con- 
gress liad  not  the  right  of  making  a  tariff,  and  that  the  ex- 
isting tariff  was  unconstitutional.  2.  Tliat  the  prohibition 
of  fi«e  trade  was  prejudicial  to  the  interests  of  any  nation, 
and  to  those  of  the  American  people  especially. 

It  must  be  acknowledged  that  the  unrestrained  liberty 
of  political  association  has  not  hitherto  produced,  in  the 
United  States,  the  fatal  results  whicli  might  perhaps  bo 
expected  from  it  ebewhere.  The  right  of  association  was 
imported  from  England,  and  it  has  always  existed  in 
America  ;  the  exercise  of  this  privilege  is  now  incorpo- 
rated with  the  manners  and  customs  of  the  people.  At 
the  present  time,  the  liberty  of  association  has  become  a 
necessary  guaranty  against  the  tyranny  of  the  majority. 
In  ^e  United  States,  as  soon  as  a  party  has  become  dom- 
inant, all  public  authority  passes  into  its  hands  :  its  private 
8  occupy  all  the  offices,  and  have  all  the  force  <^ 


POUTICAL  ASSOCUHONS  Df  THE  UltlTED  STATES.     347 

the  administration  at  their  disposal.  As  the  roost  distin- 
guished members  of  the  opposite  partf  cannot  sunnoont 
the  barrier  which  excludes  them  from  power,  they  must 
establish  themselves  outside  of  it,  &nd  oppose  the  whole 
moral  authority  of  the  minority  to  the  physical  power 
which  domineers  over  it.  Thus  a  dangerous  expedient  u 
used  to  obviate  a  still  more  formidable  danger. 

The  omnipotence  of  the  majority  appears  to  me  to  be  so 
full  of  peril  to  the  American  republics,  that  the  dangerous 
means  used  to  bridle  it  seem  to  be  more  advantageous  than 
prejudicial.     And  here  I  will  express  an  opinion  which 
may  remind  the  reader  of  what  I  sud  when  speaking  of 
the   freedom   of  townships.     Ther»  are  no   countries  inU 
which  associations  are  more  needed,  to  prevent  the  despot- 11 
ism  of  faction  or  the  arbitrary  power  of  a  prince,  Uian  1 
those  which  are  democratically  constituted.     In  aristocratic  | 
nations,  the  body  of  the  nobles  and  the  wealthy  are  in 
themselves  natural  associations,  which  check  the  abuses  of 
power.     In  countries  where  such  associations  do  not  exist, 
if  private  individuals  cannot  create  an  artificial  and  tempo- 
rary substitute  for  them,  I  can  see  no  permanent  protection 
against  the  most  galling  tyranny  ;  and  a  great  people  may 
be  oppressed  with  impunity  by  a  small  &ction,  or  by  a 
single  individual. 

The  meeting  of  a  great  political  convention,  (for  there 
are  conventions  of  all  kinds,)  which  may  frequently  become 
a  necessary  measure,  is  always  a.  serious  occurrence,  even  in 
America,  and  one  which  judicious  patriots  cannot  regard 
without  alarm.  Tliis  was  very  perceptible  in  the  Conven- 
tion of  1831,  at  which  all  the  most  distinguished  members 
strove  to  moderate  its  language,  and  to  restrain  its  objects 
within  certain  limits.  It  is  probable  that  this  Conventicoi 
exercised  a  great  influence  on  the  minds  of  the  malcon- 
tents, and  prepared  them  for  the  open  revolt  against  the 
commercial  laws  of  the  Union  which  took  place  in  1882. . 


918  DBUOCBACT   TS  AMERICA. 

/  It  cjinnot  be  denied  that  the  unrestrained  liberty  of  asso- 
I  ciadon  for  poîitical  parposee  is  the  privilege  which  a  people 
1  b  longest  in  learning  how  to  exercise.  If  it  does  not 
throw  the  nation  into  anarchy,  it  perpetually  augments  the 
chances  of  that  calamity.  On  one  point,  however,  thb 
perilons  liberty  offers  a  seonrity  against  dangers  of  another 
ikind;  in  countries  where  associations  are  free,  secret  soci- 
Gtieâ  are  unknown.  Iii  America,  tlicre  are  Ëictions,  but  no 
Veonspiracies. 


The  most  natural  privilege  of  man,  nest  to  the  right  of 
acting  for  himself,  is  that  of  comhining  his  exertions  with 
those  of  his  fellow-creatnres,  and  of  acting  in  conmum 
with  them.  The  right  of  association  therefore  appears  to 
nte  almost  as  inalienable  in  its  nature  as  the  right  of  per- 
Bonal  liberty.  No  legislator  can  attack  it  without  impairing 
the  foundations  of  society.  Nevertheless,  if  the  liberty 
of  association  is  only  a  source  of  advantage  and  prosperiQr 
to  some  nations,  it  may  be  perverted  or  carried  to  excess 
by  others,  and  from  an  element  of  life  may  be  changed 
into  a  cause  of  destruction.  ^  comparison  of  the  differ- 
ent metliods  which  associations  pursue,  in  those  comitriea 
in  which  hberty  is  well  understood,  and  in  those  where 
liberty  degenerates  into  license,  may  be  uaefiil  both  to  gov- 
ernments and  to  parties. 

Most  Europeans  look  upon  association  as  a  weapon 
which  is  to  be  hastily  Ëisliîoned,  and  immediately  tried  in 
the  conflict.  A  society  is  formed  for  discussion,  but  the 
idea  of  impending  action  prevails  in  the  minds  of  all  those 
who  constitute  it.  It  is,  in  iact,  an  array  ;  and  the  time 
gjven  to  speech  serves  to  reckon  up  the  strength  and  to 
inimate  the  courage  of  the  host,  aJW  which  they  march 


POLITICAL  ASSOCUTTONS  IN  THK  DBITED  STATES.     31Q 

against  the  enemj.  Reaources  which  lie  within  the  bounds 
of  law  may  snggest  themselves,  to  the  persons  who  com- 
pose it,  as  means,  -bat  never  as  the  only  means,  of  success. . 

Snch,  however,  is  not  the  manner  in  which  the  right  of 
association  is  understood  in  the  United  States.  In  Amei> 
ica,  the  citizens  who  form  the  minority  associate,  in  ordei^ 
first,  to  show  their  numerical  strength,  and  so  to  diminisl^ 
the  moral  power  of  the  hmjority  ;  and,  secondly,  to  Btima- 
late  competition,  and  thus  to  discover  those  argumenta 
which  are  most  fitted  to  act  upon  the  majority  :  for  th^ 
always  entertain  hopes  of  drawing  over  the  majority  to 
their  own  side,  and  then  disposing  of  the  supreme  power  in 
its  name.  Political  associations  in  the  United  States  are 
therefore  peaceable  in  their  intentions,  and  strictly  l^al  in 
the  means  which  they  employ;  and  they  assert  with  perfect 
truth,  that  they  aim  at  success  only  hy  lawful  expedients. 

The  difference  which  exists  in  this  respect  between 
Americans  and  Europeans  depends  on  several  causes.  Tn 
Europe,  there  are  parties  which  differ  so  much  from  the 
majority,  that  they  can  never  hope  to  acquire  its  support, 
and  yet  they  think  they  are  strong  enough  in  themselves 
to  contend  against  it.  When  a  party  of  tliis  hind  forms  ù^ 
association,  its  object  is,  not  to  convince,  hot  to  fight.  Ip 
America,  the  individuals  who  hold  opinions  much  opposed 
to  those  of  the  majority  can  do  nothing  against  it  ;  and  all 
other  parties  hope  to  win  it  over  to  Uieir  own  principles. 
The  exercise  of  the  right  of  association  becomes  dangerous, 
then,  in  proportion  as  great  parties  find  themselves  wholly 
unable  to  acquire  the  majority.  In  a  country  like  the 
"United  States,  in  wliich  the  di^rences  of  opinion  are 
mere  differences  of  hue,  the  right  of  association  may  re- 
main unrestrained  without  evil  consequences.  Our  inMt- 
perience  of  liberty  leads  ns  to  regard  the  liberty  of  associa- 
tion only  as  a  right  of  attacking  the  government.  IIm 
first  notion  which  presents  itself  to  a  party,  as  wdl  as  to 


^^  DEMOCRACY  IN  MIEBICA. 

an  indmdual,  wlien  it  has  acquired  s.  conaciimsness  c 
own  strength,  is  that  of  violence  :  the  notion  of  persua 
*nses  at  a  later  period,  and  is  derived  from  esperifi„. 
The  English,  who  are  divided  into  parties  which  diffo:  ( 
aentially  from  eacli  other,  rarely  abuHe  the  right  of  associ»  1 
non,  because  they  liave  long  boon  accuatomed  to  exerc 
It.     In  France,  the  passion  for  war  is  so  intense,  that  t 
18  no  undertaking  so  niad,  or  so  injurious  to  the  welfere  t, 
the  state,  that  a  man  does  not  consider  iiimself  honored  kl> 
drfending  it  at  the  risk  of  his  IJfe. 

But  perhaps  the  most  powerfid  of  the  causes  which  tM 
w>  mitigate   the  violence   of  political  associations   in   tl 
United  States  is  universal  suffrage.     In  countries  in  wlu< 
niiiversiil  suffrage   exists,  the  majority  is  never  doubtful, 
because  neither  party  can  reasonably  pretend  to  rcpruiiont 
that  portion  of  the  community  which  has  not  vot«d.     The 
associations  know  as  well  as  the  nation  at  large,  that  they 
do  not  represent  the  majori^.     This  results,  indeed,  &om 
the  very  fiict  of  their  existence  ;  for  if  they  did  represent 
the  preponderating  power,  they  would  change  the  law  in- 
stead of  soliciting  its  reform.     The  consequence  of  this  is, 
that  the  moral  influence  of  the  government  which  they 
attack  is  much  increased,  and  their  own  power  is  much 
enfeebled. 

In  Euro])e,  there  are  few  associations  which  do  not  affect 
to  represent  the  majority,  or  which  do  not  believe  that  they 
represent  it.  This  conviction  or  tliis  pretension  tends  to 
augment  their  force  amazingly,  and  contributes  no  less  to 
legalize  their  measures.  Violence  may  seem  to  be  ex- 
cusable, in  defence  of  the  cause  of  oppressed  right.  Thos 
it  is,  in  the  vast  complication  of  human  laws,  that  extreme 
liberty  sometimes  corrects  the  abuses  of  liberty,  and  that 
ixtreme  democracy  obviates  the  dangers  of  democracy. 
[n  Europe,  associations  consider  themselves,  in  some  de- 
jpee,  as  the  legislative  and  executive  council  of  the  people, 


POLITICAL  ASSOdATIOXS  DT  THE  aHlTED  STATES.      251 

■which  is  unable  to  speak  for  itself;  moved  by  this  belief, 
they  act  and  they  command.  In  America,  where  they 
represent  in  the  eyea  of  all  only  a  minority  of  the  nation, 
they  argue  and  petition. 

The  means  which  associations  in  Eurc^  employ,  are  in 
accordance  with  the  end  which  they  propose  to  obt^n. 
As  the  principal  ^m  of  these  bodies  is  to  act,  and  not  to 
debate,  to  Bght  rather  than  to  convince,  they  are  naturally 
led  to  adopt  an  organization  which  is  not  civic  and  peace- 
able, bnt  partakes  of  the  habits  and  manima  of  militaiy 
life.  They  centralize,  also,  the  direction  of  their  forces  as 
much  as  possible,  and  intmat  the  power  of  the  whole  party 
to  a  small  number  of  leaders. 

The  members  of  these  associations  respond  to  a  watch- 
word, like  soldiers  on  duty  ;  they  profess  the  doctrine  of 
passive  obedience  ;  say  rather,  that  in  uniting  together  they 
at  once  abjure  the  exercise  of  their  own  judgment  and  free 
will  :  and  the  tyrannical  control  which  these  societies  exer- 
dse,  is  often  fer  more  insupportable  than  the  autliority  pos- 
sessed over  society  by  the  government  which  they  attack. 
Their  monil  force  is  much  diminished  by  these  proceedings, 
and  tliey  lose  the  sacred  character  which  always  attaches 
to  a  stniggle  of  the  oppressed  against  tbeir  oppressors.  He 
who  in  given  cases  consents  to  obey  bis  fellows  with  ser- 
vility, and  WÎ10  submits  his  will,  and  even  bis  thoughta,  to 
their  control,  how  can  he  pretend  that  he  wishes  to  be  free? 

The  Americans  have  also  established  a  government  in 
their  associations,  but  it. is  invariably  borrowed  from  the 
forms  of  the  civil  administration.  Th-^  independence  of 
each  individual  is  formaUy  recognized  ;  as  in  society,  all  the 
members  advance  at  the  same  time  towards  the  same  end  ; 
but  they  are  not  all  obliged  to  follow  the  same  track.  No 
one  abjures  the  exercise  of  his  reason  and  free  will  ;  but 
every  one  exerts  that  reason  and  will  to  promote  a  commoD 
nndertaking. 


262  DEUOGRAOT  Off  AMEBIQA. 


CHAPTER  ZIII. 

GOVERNMEKT  OF  THE  DDfOGKAOT  IN  AMEBICUL 

I  AM  well  aware  of  the  difiBcnIties  wluch  attend  tlni 
part  of  my  subject  ;  bat  althon^  everj  exproaridft 
which  I  am  about  to  use  may  dbub,  upon  some  points, 
with  the  feelings  of  the  difierent  parties  which  divide  nrf 
country,  I  shall  still  speak  my  whole  thought. 

In  Europe,  we  are  at  a  loss  how  to  judge  the  true  char- 
acter and  the  permanent  instincts  of  democracy,  because 
in  Europe  two  conflicting  principles  exist,  and  we  do  not 
know  what  to  attribute  to  the  principles  themselves,  and 
what  to  the  passions  which  the  contest  produces.  Such, 
however,  is  not  the  case  in  America;  there  the  people 
reign  without  impediment,  and  they  have  no  perils  to 
dread,  and  no  injuries  to  avenge.  In  America,  democracy 
is  given  up  to  its  own  propensities  ;  its  course  is  natural, 
and  its  activity  is  unrestrained;  there,  consequently,  its 
real  cliaracter  must  be  judged.  And  to  no  people  can  this 
inquiry  be  more  vitally  interesting  than  to  the  French 
nation,  who  are  blindly  driven  onwards,  by  a  daily  and 
irresistible  impulse,  towards  a  state  of  tilings  which  may 
prove  either  despotic  or  republican,  but  which  will  assur- 
edly be  democratic. 

UNIVERSAL  SUFFRAGE. 

I  HAVE  already  observed  that  universal  suffrage  has 
been  adopted  in  all  the  States  of   the  Union:  it  conse- 


GOVEBHUEia'  OF  THE  DEHOORAOT  IN  AUEBIOA.       258 

quently  exists  in  commumlies  which  occupy  very  different 
positions  in  the  social  scale.  I  have  had  opportunities  of 
observing  its  effects  in  different  localities,  and  amongst 
races  of  men  who  are  nearly  strangers  to  each  other  in 
their  language,  their  religion,  and  their  modes  of  life  ;  in 
Louisiana  as  well  as  in  New  England,  in  Georgia  as  in 
Canada.  I  have  remarked  that  universal  sufiiage  is  &r 
from  producing  in  America  either  all  the  good  or  all  the 
evil  consequences  which  may  be  expected  ârom  it  in  Ett- 
rope,  and  that  its  effects  generally  differ  very  much  irom 
those  which  are  attributed  to  it. 


In  the  United  StMo,  ihe  ablest  Hen  m«  nntj  pUc«d  U  the  Beta  of  Afbii*. 
—  Reason  of  this  PecnlUri^.  —  The  Enry  which  preraili  in  the  lower 
Ordcn  of  France  against  the  higher  Claues  ie  Dot  k  French,  bnt  ■  pnrel/ 
democratic  Feeling.  —  Why  the  mott  diitingniibed  Men  in  America  fi«- 
quentlj  leclnde  themselres  from  pablic  A&in. 

Many  people  in  Europe  are  apt  to  believe  without  say- 
ing it,  or  to  say  without  believing  it,  that  one  of  the  great 
advantages  of  universal  suffrage  is,  that  it  intrusts  the 
direction  of  aff^rs  to  men  who  are  worthy  of  the  public 
confidence.  They  admit  that  the  people  are  unable  to 
govern  of  themselves,  but  they  aver  that  the  people  always 
wish  the  welfare  of  the  state,  and  instinctively  designate 
those  who  are  animated  by  the  same  good  wishes,  and  who 
are  the  most  fit  to  wield  the  supreme  authority.  I  confess 
that  the  observ'ations  I  made  in  America  by  no  means  coin- 
cide with  these  opinions.  On  my  arrival  in  the  United 
States,  I  was  surprised  to  find  so  much  distinguished  talent 
among  the  subjects,  and  so  little  among  the  heads  of  tlie 
government.  It  is  a  constant  fact,  that,  at  the  present  day, 
die  ablest  men  in  the  United  Statea  are  t«iely  ç\aic«^  %X  'iW 


254  DEMOCBAOY  M  AMEBTG^L 

head  of  aflnirs  ;  and  it  must  be  acknowledged  that  such 
has  been  the  result,  in  proportion  as  demociacy  has  ou^ 
stepped  all  its  former  limits.  The  race  of  American  states 
men  has  evidently  dwindled  most  remarkaUy  in  the  cooiw 
of  the  last  fifty  years. 

Sereral  causes  may  be  assigned  for  this  phenomenon. 
It  is  impossible,  after  the  most  strenaom  exertions,  to 
raise  the  intelligence  of  the  people  above  a  certain  level. 
Whatever  may  be  the  &ciUties  of  acquiring  informatitm, 
whatever  may  be  the  proiîision  of  easy  methods  and  cheap 
scieacs,  the  human  mind  can  never  be  instructed  and 
developed  without  devoting  considerable  time  to  these 
objects. 

The  greater  or  tho  less  possibihty  of  subsisting  without 
labor  is  therefore  the  necessary  boundary  of  intâllectnal 
improvement.  This  boundary  is  more  remote  in  some 
couutries,  and  more  restricted  iu  others  i  but  it  must  exist 
somewhere,  as  long  as  the  people  are  constrained  to  work 
in  onler  to  procure  the  means  of  subsistence,  that  is  to  say, 
as  long  as  they  continue  to  be  the  peoi»le.  It  is  therefore 
quite  as  difficult  to  imagine  a  state  in  which  all  the  citizens 
should  bo  very  well  informed,  as  a  state  in  which  they 
should  all  be  wealthy  ;  these  two  difficulties  are  correlatÎTe. 
I  readily  admit  that  the  mass  of  the  citizens  sincerely  wish 
to  promote  the  wel&re  of  the  country  ;  nay,  more,  I  even 
allow  that  the  lower  classes  mix  fewer  considerations  of 
personal  interest  with  their  patriotism  than  the  higlier 
orders  ;  but  it  is  alwap  more  or  less  difficult  for  them  to 
discern  tlie  host  means  of  attuning  the  end  wliich  they 
sincerely  desire.  Long  and  patient  observation  and  much 
acquii-ed  knowledge  are  requisite  to  form  a  just  estimate  of 
the  character  of  a  single  individual.  Men  of  the  greatest 
genius  of^cn  Jùil  to  do  it,  and  can  it  be  supposed  that  tha 
vulgar  will  always  succeed  ?  The  people  have  neither  the 
time  nor  the  means  for  an  investigation  c^  this  kind.   That 


aOTEBNMEHT  OF  THE  DEUOCKACT  IN  AMEBICA.   255 

conclusions  are  hastily  formed  from  a  superficial  inspection 
of  the  more  promineiit  features  of  a  question.  Hence  it 
often  happens  that  mountebanks  of  all  sorts  are  able  to 
please  the  people,  whilst  their  truest  fiieuds  frequently 
&il  to  gain  their  confidence. 

Moreover,  the  democracy  not  only  lack  that  soandnees 
of  judgment  which  is  necessary  to  select  men  really  de- 
serving of  theh-  confidence,  but  often  have  not  the  demre 
or  tlie  inclination  to  find  them  out.  It  cannot  be  denied 
that  democratic  institutions  strongly  tend  to  f>romote  the 
feeling  of  envy  in  the  human  heart  ;  not  so  much  because 
they  afford  to  every  one  the  means  of  rising  to  the  same 
level  with  others,  as  because  those  means  perpetually  disap- 
point the  persons  who  employ  them.  Democratic  institutions 
awaken  and  foster  a  passion  for  equality  which  they  can 
never  entirely  satisfy.  This  complete  equality  eludes  the 
grasp  of  the  people  at  the  very  moment  when  they  think 
they  have  grasped  it,  and  "  flies,"  as  Pascal  says,  "  with  an 
eternal  flight";  the  people  are  excited  in  the  pursuit  of 
an  advantage,  which  is  more  precious  because  it  is  not  suf- 
ficiently remote  to  he  unknown,  or  sufSciently  near  to  be 
enjoyed.  The  lower  orders  are  agitated  by  the  chance  of 
success,  they  are  irritated  by  its  imcertainty  ;  and  they 
pass  from  the  entboaiaam  of  pursuit  to  the  exhaustion  of 
ill-success,  and  lastly  to  the  acrimony  of  disappointment. 
Whatever  transcends  their  own  limits  appears  to  be  an  ob- 
stacle to  their  desires,  and  there  is  no  superiority,  however 
legitimate  it  may  be,  which  is  not  irksome  in  their  sight. 

It  has  been  supposed  that  the  secret  instinct,  which  leads 
the  lower  orders  to  remove  their  superiors  as  much  as  pos- 
sible from  the  direction  of  public  affairs,  is  peculiar  to 
France.  This,  however,  is  ao  error  ;  the  instinct  to  which 
I  allude  is  not  French,  it  is  democratic  ;  it  may  have  been 
heightened  by  peculiar  political  circumstances,  but  it  owei 
its  origin  to  a  higher  caose. 


25l3  DEMOCRACY    Di   AMERICA. 

In  the  United  States,  the  people  do  not  hate  the  higher 
classes  of  society,  but  are  n3t  fovorahly  inclined  t«wi\rds 
tiic-m,  and  carefully  exclude  them  from  the  exercise  iif  au- 
thority. Tliey  do  not  drt-ad  distiaguiahed  talentâ,  but  are 
rarely  fond  of  tliem.  In  general,  every  one  who  rises 
without  tlieir  aid  seldom  obtains  their  favor. 

Whilst  the  natural  instincts  of  democracy  induce  the 
people  to  reject  distinguished  citizens  as  their  rulers,  an 
instinct  not  less  strong  induces  able  men  to  retire  from  the 
political  arejia,  in  wliich  it  in  so  difficult  to  retain  theJr 
independence,  or  to  advance  without  becoming  servile. 
This  opinion  has  been  candidly  expressed  by  Chancellor 
Kent,  who  says,  in  speaking  with  high  praise  of  that  part 
of  the  Constitution  which  empowers  the  executive  to  nom- 
inale the  judgi^s  :  "  It  is  indeed  probable  that  the  men  who 
are  best  fitt^  to  discbarge  the  duties  of  this  high  ofiice 
would  have  too  much  reserve  in  their  manners,  and  too 
much  austerity  in  their  principles,  for  them  to  be  returned 
by  the  majority  at  an  election  where  universal  suflrage  is 
^opted."  Such  were  llie  opinions  which  were  printed 
without  contradiction  in  America  in  the  year  1830 1 

I  hold  it  to  be  sufficiently  demonstrated,  that  universal 
sai&age  is  by  no  means  a  guaranty  of  the  wisdom  of  the 
popular  choice.  Whatever  its  advantages  may  be,  this  is 
not  one  of  them. 


GOVXBNUEKT  or  THE  DEUOCSACT  IN   AHEBICA.       25T 


OoDtnry  ERecta  produced  on  NUioiu  h  od  IndiTidoali  b;  great  Duigen. 
—  Why  ao  man;  diitiiigniibed  Men  Rood  at  the  Head  of  Aliàin  in 
America  fifty  YcatB  «go.  —  Influence  which  IntelUgance  and  Morali^ 
exerciie  upon  the  popalar  Choice.  —  Example  of  New  Englaod. — Stale* 
of  the  SoDlhvest.  —  Bow  ccrtuo  I^iWt  inaaeare  the  Choice  of  the  Peo- 
ple. —  Election  bj  «n  elected  Body.  —  III  Efibcti  upon  the  Compodtion 
of  the  Senate. 

When  serious  dangers  threaten  the  state,  the  people  fre- 
quCDtly  succeed  in  selecting  the  citizens  who  are  the  most 
able  to  save  it.  It  has  been  observed  that  man  rarely  r^ 
tains  his  customary  level  in  very  critical  circumstances  ;  he 
rises  above,  or  sinks  below,  his  usual  condition,  and  the 
same  thing  is  true  of  nations.  Extreme  perils  sometimes 
quench  the  energy  of  a  people,  instead  of  stimulating  it  ; 
they  excite,  without  directing  its  passions  j  and  instead  of 
clearing,  they  confiise  its  powers  of  perception.  The 
Jews  fought  and  killed  each  other  amid  the  smoking  ruins 
of  their  temple.  But  it  is  more  common,  both  with  na- 
tions and  individuals,  to  find  extraordinary  virtues  devel- 
oped from  the  very  imminence  of  the  danger.  Great 
characters  are  then  brought  into  relief,  as  tlie  edifices 
which  are  usually  concealed  by  the  gloom  of  night  are 
illuminated  by  the  glare  of  a  conflagration.  At  those  dan- 
gerous times,  genius  no  longer  hesitates  to  come  forward  j 
and  the  people,  alarmed  by  the  perils  of  tlieir  situation, 
bury  their  envious  passions  in  a  short  oblivion.  Great 
names  may  then  be  drawn  from  the  um  of  election. 

I  have  already  observed,  that  the  American  statesmen 
of  the  present  day  are  very  inferior  to  those  who  stood  at 
the  head  of  affairs  fifty  years  ago.  This  is  as  mnch  a 
consequence  of  the  circumstances,  as  of  the  laws,  of  the 
conntiy.     When   America   was    stni^ling   m   ft»  V\^ 


358  PEMOCFACT   m  AilEHICA. 

cause  of  independence,  to  throw  off  the  yoke  of  anotitei 
country,  and  when  it  was  ahout  to  usher  a  new  nation  into 
the  world,  the  sphits  of  its  inhahitants  were  roused  to  tha 
height  which  their  great  objecta  required.  In  this  general 
excitement,  distinguished  men  were  ready  to  anticipate  the 
call  of  tlie  community,  and  the  people  clung  to  them  for 
support,  and  placed  tliem  at  their  head.  But  such  éventa 
are  rare  ;  and  it  is  from  the  ordinary  course  of  afl'aîrs  that 
our  judgment  must  be  formed. 

If  passing  occurrencea  sometimes  check  the  passions  of 
democracy,  tlie  intelligence  and  the  morals  of  tlie  commu- 
nity exercise  an  influence  on  them  which  is  not  less  power- 
ful, and  far  more  permanent.  Tills  is  very  perceptible  in 
the  United  States. 

In  New  England,  where  éducation  nnd  liberty  are  the 
daughters  of  morality  and  rehgion,  —  where  society  has  ac- 
quired age  and  stability  enough  to  enable  it  to  form  princi- 
ples and  hold  fixed  habits,  —  the  common  people  are  accus- 
tomed to  respect  intellectual  and  moral  superiority,  and  to 
submit  to  it  without  complaint,  although  they  set  at  naught 
all  those  privileges  which  wealth  and  birth  have  introduced 
among  mankind.  In  New  England,  consequently,  the  de- 
mocracy makes  a  more  judicious  choice  than  it  does  else- 
where. 

But  as  wc  descend  towards  the  South,  to  those  States  in 
which  the  constitution  of  society  is  more  recent  and  leas 
strong,  where  instruction  is  leas  general,  and  the  principles 
of  morality,  religion,  and  hberty  are  less  happily  combined, 
we  perceive  that  talents  and  virtues  become  more  rare 
among  those  who  are  in  authority. 

Lastly,  when  we  arrive  at  tlie  new  Southwestern  States, 
in  which  the  constitution  of  society  dates  but  from  yester- 
day, and  presents  only  an  agglomeration  of  adventurers 
and  speculators,  we  are  amazed  at  the  persons  who  are  in- 
ivoled  with  public  authority,  and  we  are  led  to  ask  by  what 


OOVEBKUENT   OF  THE  DEHOCBACT  IN  AMERICA.       2a9 

torce,  independent  of  the  legislation  and  of  the  men  who 
direct  it,  the  state  can  be  protected  and  society  be  made  to 
flourish. 

There  are  certain  laws  of  a  democratic  nature  which 
contribute,  nevertheless,  to  correct,  in  some  measure,  these 
dangerous  tendencies  of  democracy.  On  entering  the 
House  of  Representatives  at  Washington,  one  is  struck 
by  the  vulgar  demeanor  of  that  great  assembly.  Often 
there  is  not  a  dbtinguished  man  in  the  whole  number.  Its 
members  are  almost  all  obscure  individuals,  whose  names 
bring  no  associations  to  mind.  They  are  mostly  village 
lawyers,  men  in  trade,  or  even  persons  belonging  to  the 
lower  classes  of  society.  In  a  country  in  which  education 
is  very  general,  it  is  said  that  the  representatives  of  the 
people  do  not  always  know  how  to  write  correctly. 

At  a  few  yards'  distance  is  the  door  of  the  Senate, 
which  contains  within  a  small  space  a  large  proportion  of 
the  celebrated  men  of  America.  Scarcely  an  individual  is 
to  be  seen  in  it  who  has  not  had  an  active  and  illustrions 
career  :  tlie  Senate  is  composed  of  eloquent  advocates,  dia- 
tinguished  generals,  wise  ma^strates,  and  statesmen  of 
note,  whose  arguments  would  do  honor  to  the  most  re- 
markable parliamentary  debates  of  Europe. 

How  comes  this  strange  contrast,  and  why  are  the  ablest 
citizens  found  in  one  assembly  rather  than  in  the  other? 
Why  is  the  former  body  remarkable  for  its  vulgar  elements, 
whilst  the  latter  seems  to  enjoy  a  monopoly  of  intelligence 
and  talent?  Both  of  these  assemblies  emanate  from  the 
people  ;  both  are  chosen  by  universal  suffrage  ;  and  no 
voice  has  hitherto  been  heard  to  assert,  in  America,  that 
the  Senate  is  hostile  to  the  interests  of  the  people.  From 
what  cause,  then,  does  so  startling  a  difference  arise?  The 
only  reason  which  appears  to  me  adequately  to  account 
for  it  is,  that  the  House  of  Representatives  is  elected  by 
the  people  directly,  while  the  Senate  is  elected  by  «LactaA. 


90        *~  DE^rOCRACT  IN  AHEBICA. 

bodies.  Tlie  whole  body  of  the  citizenB  name  the  legiaktare 
of  eacli  State,  aiid  the  Ft'deral  Constitution  converts  thoM 
legislatures  into  so  many  electoral  bodies,  which  return  the 
members  of  the  Senate.  The  Senators  are  elwted  by  an 
indirect  application  of  the  popular  vote  :  for  tlie  legisla- 
tures which  appoint  them  are  not  arbtocratie  or  priiilegcd 
bodies,  which  elect  in  their  own  right  ;  but  they  are  chosen 
hy  the  totahty  of  the  citizens  ;  tJiey  are  generally  elected 
every  year,  and  new  members  may  be  chosen  every  year 
enough  to  detenninc  the  Senatorial  appointments.  But 
this  transmission  of  the  ]>opular  authority  through  an  as- 
sembly of  chosen  men  operates  an  important  change  in  it, 
by  refining  its  discretion  and  improving  its  clioice.  Men 
who  are  chosen  in  this  manner  accurately  represent  the 
majority  of  the  nation  which  governs  them  ;  but  they  rep- 
resent only  the  elevated  thoughts  which  are  current  in  the 
oommunity,  and  the  generous  propensities  which  prompt 
its  nobler  actions,  rather  than  the  petty  passions  which 
disturb,  or  the  vices  which  disgrace  it. 

The  time  must  come  when  the  American  republics  will 
be  obliged  more  frequently  to  introduce  the  plan  of  elec- 
tion by  an  elected  body  into  their  system  of  representation, 
or  run  the  risk  of  perishing  miserably  amongst  the  shoals 
of  democracy. 

I  do  not  hesitate  to  avow,  that  I  look  upon  this  peculiar 
system  of  election  as  the  only  means  of  bringing  the  exer- 
cise of  political  power  to  the  level  of  all  classes  of.  the  peo- 
ple. Those  who  hope  to  convert  this  institution  into  the 
exclusive  weapon  of  a  party,  and  those  who  fear  to  use  it, 
seem  to  me  to  be  equally  in  error. 


mmmmm*»    ^    Vfj_.«i.aS 


GOVERNMEl^T   OF  THE  DEMOCRACY  IN  AMERICA.       261 

INFLUENCE  WHICH  THE   AMERICAN   DEMOCRACY  HAS   EXER- 
CISED   ON  THE  LAWS  RELATING  TO   ELECTIONS. 

When  Elections  are  rare,  they  expose  the  State  to  a  violent  Crisis.  —  When 
they  are  frequent,  they  keep  up  a  feyerish  Excitement.  —  The  Americapa 
have  preferred  the  second  of  these  two  Evils.  —  Matability  of  the  Laws» 
—  Opinions  of  Hamilton,  Madison,  and  Jefiferson  on  this  Subject. 

When  elections  recur  only  at  long  intervals,  the  state  is 
exposed  to  violent  agitation  every  time  they  take  place. 
Parties  then  exert  themselves  to  the  utmost,  in  order  to 
gain  a  prize  which  is  so  rarely  within  their  reach  ;  and  as 
the  evil  is  almost  irremediable  for  the  candidates  who  fail, 
everything  is  to  be  feared  from  their  disappointed  ambition. 
If,  on  the  other  hand,  the  legal  struggle  is  soon  to  be  re- 
peated, the  defeated  parties  take  patience. 

When  elections  occur  frequentiy,  their  recurrence  keeps 
society  in  a  feverish  excitement,  and  gives  a  continual  in- 
stability to  pubhc  affairs.  Thus,  on  the  one  hand,  the  state 
is  exposed  to  the  perils  of  a  revolution,  —  on  the  other,  to 
perpetual  mutability  ;  the  former  system  threatens  the  very 
existence  of  the  government,  the  latter  prevents  any  steady 
and  consistent  policy.  The  Americans  have  preferred  the 
second  of  these  evils  to  the  first  ;  but  they  were  led  to  this 
conclusion  by  instinct  more  than  by  reason,  for  a  taste  for 
variety  is  one  of  the  characteristic  passions  of  democracy. 
Hence  their  legislation  is  strangely  mutable. 

Many  Americans  consider  the  instability  of  their  laws  as 
a  necessary  consequence  of  a  system  whose  general  results 
are  beneficial.  But  no  one  in  the  United  States  affects  to 
deny  the  feet  of  this  instability,  or  contends  that  it  is  not  a 
great  evil. 

Hamilton,  after  having  demonstrated  the  utility  of  a 
power  which  might  prevent,  or  at  least  impede,  the  pro- 
mulgation of  bad  laws,  adds:  "It  may  perhaps  be  said,  that 
the  power  of  preventing  bad  laws  includes  that  of  ^t^-^^dV 


26S  DEuocRAcr  ra  America. 

iiig  good  ones,  and  may  be  used  to  the  one  purpose  as  well 
as  to  ilie  other-  But  tliis  objection  will  have  little  weight 
with  those  who  can  properly  estimate  tlie  miacliiefs  of  that 
inconstancy  and  mutability  in  tlie  laws  which  form  the 
greatest  blemish  in  the  character  and  genius  of  our  govern- 
ments."   (Federalist,  No.  T3.) 

And  agabi,  in  No.  62  of  the  same  work,  he  observes  : 
"  The  facility  and  excess  of  law-making  seem  to  be  the  di»- 
eases  to  which  our  governments  are  most  liable." 

Jefferson  himself,  the  greatest  democrat  whom  the  de- 
mocracy of  America  has  as  yet  produced,  pointed  out  the 
same  dangers. 

"  The  instability  of  our  law»,"  add  he,  "  is  really  a  very 
serions  inconvenience.  I  think  that  wc  ought  to  have  ob- 
viated it  by  deciding  that  a  whole  year  should  .always  be 
allowed  to  elapse  between  the  bringing  in  of  a  hill  and  the 
final  passing  of  it.  It  should  afterwards  be  discussed  and 
put  to  the  vote  without  the  possibility  of  making  any  al- 
teration in  it  ;  and  if  the  circumstances  of  the  cf^e  required 
a  more  speedy  decision,  the  question  should  not  be  decided 
by  a  simple  majority,  but  by  a  majority  of  at  least  two 
thirds  of  both  houses." 


r   THE    iXSRlCAS 


Simple  Extorior  of  Americtut  public  Offlcera.  —  No  officW  C 

public  Officera  are  Temoiierated. — Political  Cotuequoncei  of  thi*  Sjt- 
tem.  —  Ko  public  Careor  exists  in  America.  —  ReBulto  ot  thla  Fact. 

Public  officers  in  the  United  States  are  confounded  with 
fiie  crowd  of  citizens  ;  they  have  neither  palaces,  nor 
guards,  nor  ceremonial  costumes.  This  simple  exterior  of 
persons  in  authority  is  connected,  not  only  with  the  pecu- 
liarities of  the  American  character,  but  with  the  tunda- 
jnental   principles   of  society.      In  the  estimation  of  the 


.■3«««?*t?rt^ 


GOVEBKMENT  OF   THE  DEMOCRACY  IN  AMERICA.       268 

democracy,  a  government  is  not  a  benefit,  but  a  necessary  ' 
evil.  A  certain  degree  of  power  must  be  granted  to  pub- 
lic officers,  for  they  would  be  of  no  use  without  it.  But 
the  ostensible  semblance  of  authority  is  by  no  means  in- 
dispensable to  the  conduct  of  affairs  ;  and  it  is  needlessly 
offensive  to  the  susceptibility  of  the  public.  The  public 
officers  themselves  are  well  aware,  that  they  enjoy  the  su- 
periority over  their  fellow-citizens  which  they  derive  fix>m 
their  authority,  only  on  condition  of  putting  themselves 
on  a  level  with  the  whole  community  by  their  manners. 
A  public  officer  in  the  United  States  is  uniformly  simple  in 
his  manners,  accessible  to  all  the  world,  attentive  to  all  re- 
quests, and  obliging  in  his  replies.  I  was  pleased  by  these 
characteristics  of  a  democratic  government;  I  admired 
the  manly  independence  which  respects  the  office  more 
than  the  officer,  and  thinks  less  of  the  emblems  of  author-, 
ity  than  of  the  man  who  bears  them. 

I  believe  that  the  influence  which  costumes  really  exer- 
cise, in  an  age  like  that  in  which  we  live,  has  been  a  good 
deal  exaggerated.  I  never  perceived  that  a  public  officer 
in  America  was  the  less  respected,  whilst  in  the  discharge 
of  his  duties,  because  his  own  merit  was  set  off  by  no  ad- 
ventitious signs.  On  the  other  hand,  it  is  very  doubtfiil 
whether  a  peculiar  dress  induces  public  men  to  respect 
themselves,  when  they  are  not  otherwise  inclined  to  do  so» 
When  a  magistrate  (and  in  France  such  instances  are  not 
rare)  snubs  the  parties  before  him,  or  indulges  his  wit  at 
their  expense,  or  shrugs  his  shoulders  at  their  pleas  of  de- 
fence, or  smiles  complacently  as  the  charges  are  enumer- 
ated, I  should  like  to  deprive  him  of  his  robes  of  office,  to 
see  whether,  when  he  is  reduced  to  the  garb  of  a  private 
citizen,  he  would  not  recall  some  portion  of  the  natural 
dignity  of  mankind. 

No  public  officer  in  the  United  States  has  an  official  cos- 
tume, but  every  one  of  them  receives  a  aalarj.     kxÀ:'$kàs^ 


•-•.-*   I 


264  DEMOC&ACT  m  àkesica: 

also,  still  more  naturally  than  wlist  precedes,  resolts  ftoiji 
democratic  principle,.  A  democ»cy  may  dlow  «ane  iriig. 
isterial  pomp,  and  clothe  its  oj£cen  in  flilkfl  and  gold,  witin 
out  seriously  compromising  its  prindpIeB.  Pri villes  ef 
this  kind  are  transitory  ;  they  belong  to  the  place,  and  not 
to  the  man.  But  if  puUic  ojfioers  are  unpaid,  a  dasB  of 
rich  and  independent  puUic  functionaries  will  be  created, 
wlio  will  constitute  the  basis  of  an  aristocracy  ;  and  if  the 
people  still  retain  their  right  of  election,  the  choice  can 
be  made  only  from  a  certain  class  of  citizens. 

When  a  democratic  republic  renders  gratuitous  offices 
which  had  formerly  been  remunerated,  it  may  safely  be 
inferred  that  the  state  is  advancing  towards  monarchy. 
And  when  a  monarchy  begins  to  remunerate  such  officers 
as  had  hitherto  been  unpaid,  it  is  a  sure  sign  that  it  is  ap- 
proaching a  despotic  or  a  republican  form  of  government. 
The  substitution  of  paid  for  unpaid  functionaries  is  of  it- 
self, in  my  opinion,  sufficient  to  constitute  a  real  revolution. 

I  look  upon  the  entire  absence  of  unpaid  offices  in 
America  as  one  of  the  mast  prominent  signs  of  the  abso- 
lute dominion  which  democracy  exercises  in  that  country. 
All  public  services,  of  whatsoever  nature  they  may  be,  are 
paid  ;  so  that  every  one  has  not  merely  a  right,  but  also 
the  means,  of  performing  them.  Although,  in  democratic 
states,  all  the  citizens  are  qualified  to  hold  offices,  all  are 
not  tempted  to  try  for  them.  The  nimiber  and  the  capaci- 
ties of  the  candidates,  more  than  the  conditions  of  the  can- 
didateship,  restrict  the  choice  of  the  electors. 

In  nations  where  the  principle  of  election  extends  to 
everything,  no  political  career  can,  properly  speaking,  be 
said  to  exist.  Men  arrive  as  if  by  chance  at,  the  post 
which  they  hold,  and  they  are  by  no  means  sure  of  retain- 
ing it.  This  is  especially  tme  when  the  elections  are  held 
annually.  The  consequence  is,  that,  in  tranquil  times, 
public  functions  offer  but  few  lures  to  ambition.     In  the 


tiOVEBNHENT   OF  THE  DEHOCBACT  IN  AUEBICA.       26& 

United  States,  those  who  engage  in  the  perplexities  of 
political  life  are  persons  of  very  moderate  pretensions. 
The  pursuit  of  wtalth  generally  diverts  men  of  great  tal- 
ents and  strong  passions  from  the  pursuit  of  power  ;  and 
it  irequently  happens  that  a  man  does  not  undertake  to 
direct  the  fortunes  of  the  state  until  he  has  shown  himself 
incompetent  to  conduct  his  own.  The  vast  number  (rf' 
very  ordinary  men  who  occupy  public  stations  is  quite  as 
attributable  to  these  causes,  as  to  the  bad  choice  of  the 
democracy.  In  the  United  States,  I  am  not  sure  that  the 
people  would  choose  men  of  superior  abilities,  even  if  they 
wished  to  be  elected  ;  but  it  is  certain  that  candidatM  of 
this  description  do  not  come  forward. 


For  what  Rcmod  the  u-bilrtuy  Power  of  Magistrales  û  gnêUx  in  Abaolats 
Monarchies  and  in  Demoaadc  Kepablim  than  it  is  in  Limited  ISoBâiy 
chio.  —  Arbitraiy  Foircr  of  the  Magistrates  in  New  England. 

In  two  kinds  of  government  the  ma^trates  ex^vise 
considerable  arbitrary  power,  —  namely,  under  the  abso- 
lute government  of  an  individual,  and  under  that  of  a  de- 
mocracy. This  identical  result  proceeds  from  very  similar 
causes. 

In  despotic  states,  the  fortune  of  no  one  is  secure  ;  pub- 
lic officers  are  not  more  safe  than  private  persons.  The 
sovereign,  who  has  under  his  control  the  lives,  the  proper- 
ty, and  sometimes  the  honor,  of  the  men  whom  he  employs, 
thinks  he  has  nothing  to  fear  from  them,  and  allows  them 
great  latitude  of  action,  because  he  b  convinced  that  they 
will  not  use  it  against  him.     In  despotic  states,  the  sover- 

)e  ;  I  applj  it  to  all 


266  DEXOCBÂOT  ra  AïŒBICA. 

eîgii  is  so  much  attached  to  hia  power,  tlmt  he  disllkts  the 
constraJnt  even  of  his  own  regulations,  and  likea  to  see  bis 
agents  acting  irregularly,  and,  as  it  were,  by  chance,  in 
onler  to  be  sure  tliat  their  actions  will  never  counteract  his 
desires. 

In  democracies,  aa  tlie  majority  has  every'ycar  the  right 
of  taking  away  the  power  of  the  officers  wlioin  it  had  ap- 
]»oint4-d,  it  has  no  reason  to  fear  any  abuse  of  their  author- 
ity. As  the  people  are  always  able  to  signify  their  will  to 
tliose  who  conduct  the  government,  they  prêter  leaving 
them  to  their  own  free  action,  instead  of  prescribing  an 
invariable  rule  of  conduct,  ■which  would  at  once  fetter 
tlioir  activity  and  the  iiopular  authority. 

It  may  even  hi:  oW'r\  I'd,  mi  uHfiilive  cotmiiioration,  that, 
under  the  rule  of  a  democracy,  the  arbitrary  action  of  the 
magistrate  must  be  still  greater  tlian  in  despotic  states. 
In  the  latter,  the  sovereign  can  immediately  punish  all  the 
faults  with  which  he  becomes  acquainted,  but  he  cannot 
hope  to  become  acquainted  with  all  those  which  are  com- 
mitted. In  democracies,  on  the  contrary,  the  sovereign 
power  is  not  only  supreme,  but  universally  present.  The 
American  functionaries  are,  in  Ëict,  much  more  free  in  the 
sphere  of  action  which  the  law  traces  out  for  tliem  than 
any  public  officer  in  Europe.  Veiy  frequently,  the  object 
which  they  are  4o  accomphsh  is  simply  pointed  out  to  them, 
and  the  choice  of  the  means  is  left  to  their  own  discretion. 

In  New  England,  for  instance,  the  selectmen  of  each 
township  are  bound  to  draw  up  the  list  of  persons  who  are 
to  serve  on  the  jury  ;  the  only  rule  which  is  l^d  down  to 
guide  them  in  their  choice  is,  that  they  are  to  select  citizens 
possessing  the  elective  franchise  and  enjoying  a  fair  repu- 
tation.* In  France,  the  lives  and  liberties  of  the  subjects 
would  be  thought  to  be  in  danger,  if  a  public  officer  of  any 
*  Itthonld  b«  added,  that  the  jonin  an  afterwardi  dnim  tram  thcM 


GOVEEHUENT   OF  THE  DEMOCBACY  M  AMEBIOÀ.       267 

kind  was  intrusted  with  so  formidable  a  right.  In  New 
England,  the  same  magistrates  are  empowered  to  post  the 
names  of  habitual  drunkards  in  public  houses,  and  to  pro- 
hibit the  inhabitants  of  a  town  irom  supplying  them  with 
liquor,*  Such  a  censorial  power  would  be  revolting  to  the 
population  of  the  most  absolute  monarchies;  here,  bow- 
ever,  it  is  submitted  to  without  difBcultj. 

Nowhere  has  so  much  beeb  left  by  the  law  to  the  arbi- 
trary determination  of  the  ma^trate  as  in  democratic  re- 
publics, because  they  have  nothing  to  fear  &om  arbitrary 
power.  It  may  even  be  asserted  that  the  freedom  of  the 
ma^trate  increases  as  the  elective  Jranchise  is  extended, 
and  as  the  duration  of  the  tipie  of  office  is  shortened. 
Hence  arises  the  great  difficulty  of  converting  a  demo- 
cratic repubhc  into  a  monarchy.  The  magistrate  ceases  to 
be  elective,  but  he  retains  the  rights  and  the  habits  of  an 
elected  officer,  which  lead  directly  to'  despotism. 

It  is  only  in  limited  monarchies  that  the  law,  which  pre- 
scribes the  sphere  in  which  public  officers  are  to  act,  super- 
intends all  their  measures.  The  cause  of  this  may  be  easily 
detected.  In  limited  monarchies,  the  power  is  divided  be- 
tween the  king  and  the  people,  both  of  whom  are  interest- 
ed in  the  stability  of  the  magistrate.  The  king  does  not 
venture  to  place  the  public  officers  under  the  control  of  the 
people,  lest  they  should  be  tempted  to  betray  his  interests  ; 
on  the  other  hand,  the  people  fear  lest  the  magistrates 
should  serve  to  oppress  the  liberties  of  the  country  if  they 
were  entirely  dependent  upon  the  crown  :   they  cannot, 

■  See  Act  of  SBth  Fcbroaij,  ITST.  [Bat  ihl«  bw  is  obsolete.  And  H. 
de  Tocqaerilte'a  olhcr  inetance  i»  not  happily  chosen.  In  England,  which 
U  •  limited  monarchy,  the  jury  lists  are  diawn  op  by  the  BhcrifT,  and  such  ft 
pOTGT  ii  mora  fonnidsble  in  the  hands  of  one  man  than  of  leTeraL  la 
Dnth,  the  doctritM  of  the  aotbor  bete  i»  »  verr  qitestioDsble  one.  Magi*- 
mtet  itt  Ameiicft  do  not  hare  to  mach  trusted  to  their  discreiion  m  in 
Eoglaad  or  France.  Their  modes  of  action  are  prescribed  Itetbiehsnd  \>f 
Inr,  and  defined  nith  jealous  caie.  — Am.  Ed.]  ___ 


i 


p 


268  VEHOouor  nr  ihehoa. 

therefore,  be  aaid  to  depend  <m  cither  the  one  or  d»  oteni 
The  same  cause  which  indacea  the  king  and  Hie  peopla  to 
render  public  officers  independent,  soggesti  the  nocaan^  of 
such  securities  as  may  prevent  tlieir  indc^>endence  froatf 
encroaching  upon  llie  sntliori^  of  the  îoTmet,  m  upon  tha 
liberties  of  the  latter.  Thejr  consequently  agree  as  to  Ù10 
necessity  of  restricting  tlie  iunctionary  to  a  line  of  condack 
lùd  down  beforehand,  and  find  it  for  their  interest  to  inn' 
pose  upon  him  certain  re^iolations  which  he  cannot  evade.  ' 


< 


In  America,  the  Fablic  Acts  of  a  Commniiitj  (reqaenti;  leare  fewer  TracM 
than  the  Occmreacea  in  a  Family.  —  Ncwspapcra  the  only  Hislorical 
Bcmains.  —  Instability  of  tlio  Adminisnation  pnjndicial  to  the  Art  of 
GoTemmeat. 

The  authority  which  poblic  men  possess  in  America  is 
BO  brief,  and  they  are  so  soon  commingled  with  the  ever- 
changing  popula^on  of  the  country,  that  the  acts  of  a 
community  frequently  leave  fewer  traces  than  the  erento 
in  a  private  &mily.  The  public  administration  is,  go  to 
speak,  oral  and  traditionary.  But  little  is  committed  to 
writing,  and  that  little  is  soon  wafted  away  forever,  like 
the  leaves  of  the  Sibyl,  by  the  smallest  breeze. 

The  only  historical  remains  in  the  United  States  are  the 
newspapers  ;  if  a  number  be  wanting,  the  chain  of  time  is 
broken,  and  the  present  is  severed  from  the  past.  I  am 
convinced  that,  in  fifty  years,  it  will  be  more  difficult  to 
collect  authentic  documents  concerning  the  social  condition 
of  the  Americana  at  the  present  day,  than  it  is  to  find  re- 
mains of  the  administration  of  France  during  the  Middle 
Ages  ;  and  if  the  United  States  were  ever  invaded  by 
barbarians,  it  would  be  necessary  to  have  recourse  to  the 


GOVERNMENT   OF  THE  PESfOCBACY  IN  AMEKIGA.       269 

history  of  other  nations,  in  order  to  learn  anything  of  the 
people  who  now  inhabit  them. 

The  instabihty  of  the  administration  has  penetrated  into 
the  habits  of  the  people  ;  it  even  appears  to  suit  the  general 
taste,  and  no  one  cares  for  what  occurred  before  his  time  ; 
no  methodical  system  is  pursued  ;  no  archives  are  formed  ; 
and  no  dociunents  are  brought  together  when  it  would  be 
very  easy  to  do  so.*  Where  they  exist,  little  store  is  set 
upon  them.  I  have  amongst  my  papers  several  original 
public  documents,  which  were  given  to  me  in  the  public 
offices,  in  answer  to  some  of  my  inquiries.  In  America, 
society  seems  to  live  (com  hand  to  mouth,  like  an  army 
in  the  field.  Nevertheless,  the  art  of  administration  is 
undoubtedly  a  science,  and  no  sciences  can  be  improved 
if  the  discoveries  and  observations  of  successive  generations 
are  not  connected  together,  in  the  order  in  which  they 
occur.  One  man,  in  the  short  space  of  his  life,  remarks 
a  fact,  another  conceives  an  idea;  the  former  invents  a 
means  of  execution,  the  latter  reduces  a  truth  to  a  formula  ; 
and  mankind  gather  the  finiits  of  individual  experience  on 
their  way,  and  gradually  form  the  sciences.  But  the  per- 
sons who  conduct  the  administration  in  America  can  sel- 
dom afford  any  instruction  to  each  other  ;  and  when  they 
assume  the  direction  of  society,  thev  simply  possess  those 

•  One  would  think  that  M.  de  Tocquevillc  had  never  seen  the  yolumi- 
nons  documents  which  are  printed  every  year,  here  in  America,  bj  the  order 
of  the  State  legislatures  and  of  Congress.  In  the  aggregste,  they  ahreadj 
f:rm  a  respectable  librarj,  so  that  the  future  historian  will  sufier  rather  from 
the  embarrassment  of  riches  than  from  the  want  of  materials.  Instead  of 
complaining  that  "little  is  committed  to  writing/'  in  America,  and  that 
"  that  little  is  soon  wafted  awaj  forever/'  he  ought  to  censure  the  inordi- 
nate loquacity  of  Presidents,  Governors,  legislators,  and  other  public  ol^ 
fioers,  whose  inlerminable  messages,  reports,  and  supplementary  docomenii 
are  preserved  by  the  public  printers  in  many  huge  volumes,  which  nobo^i 
indeed,  ever  thinks  of  perusing,  but  which  are  even  difficult  to  cohbiiII  09 
account  of  their  number  and  magnitude.  — Am.  £d. 


ïro 

attaiiUBirats  wlùch  aie  «iUj  AnaaiiiKted  in  fhe  eonmDt- 
luty.  an<I  DO  knowMga  pwofiw  to  dMUKhm.  DciBoo- 
ncy.  ptslMvt  to  Its  fartiwrt  fiaûta,  is  Uierefen  pr^ndidil  to 
tlw  art  of  ^rmuamt  ;  ntd,  ftr  this  reason,  it  is  bottar 
aJ:i{<tvU  to  a  people  afaeadj  vened  in  the  ccaidnet  of  ad- 
wtiêtractoo.  than  to  a  nation  which  is  aninitiated  in  public 
a£tir«. 

Vb.::t  rvmark.  indeed,  is  not  ezcloraTdj  cppEcable  to  iba 
«.'itriKv  of  aJmtnistfatKRi.  Althongh  a  democratic  gonm- 
Bteii:  »  6>Qii<J«<l  QpOD  a  Ttrj  simple  and  natnial  principle, 
it  ^w»y»  pivïupposea  the  existence  of  a  hi^  degree  of 
Ctttiifffv  and  enlightenment  in  societj.*  At  fint,  it  nii^t 
b)V^up[K>Evd  to  belong  to  the  earliest  ages  of  tlie  worid  ; 
ut  niaturiT  observation  will  convince  as  that  it  coold  onljr 
/rom<e  Lut  in  the  succession  of  human  history. 


In  ill  Commnnilii»,  Citizena  are  diTigible  into  certain  Cluses.  —  Hibht  of 
each  of  IhMO  Classes  in  the  DirocCJOD  of  Public  Finances.  —  Why  Pub- 
lie  ExpendituR!  most  tend  to  increase  when  ihc  People  goreni.  —  What 
teoitcn  the  Extramganco  of  a  Demorracj  less  to  be  feared  in  America. 
—  Public  Expenditure  Doder  a  DemocrsL'j. 

Before  wo  can  tell  whether  a  democratic  government  is 
economicnl  or  not,  we  must  establish  a  standard  (rf  com- 
parison. The  question  would  be  of  easy  solution,  if  we 
were  to  draw  a  parallel  between  a  democratic  republic  and 
an  absolute  monarchy.  The  public  expenditure  in  the  for- 
mer would  bo  found  to  be  more  considerable  tlian  und» 
the  latter  ;  such  is  the  case  with  all  free  states  compared 
with  those  which  are  not  so.     It  is  ccrtiun  that  despolisn] 

■  Il  is  needless  to  observe,  that  I  speak  here  of  the  democratic  Ibnn  of 
«rcnuncnC  as  applied  to  a  people,  and  not  mcrtl;  to  a  tribe. 


GOVEBNUEHT  OF  THE  DEUOCBAOY   IN  AMEKICA.       271 

mins  individuals  by  preventing  them  firom  producing 
-wealth,  much  more  than  by  depriving  them  of  what  they 
bavf:  ah-eady  produced  ;  it  dries  up  the  source  of  riches, 
whilst  it  usually  respects  acquired  property.  Freedom,  on 
the  contrary,  produces  &r  more  goods  than  it  destroys; 
and  tlie  nations  which  are  &vored  by  &ee  institutions  in- 
variably find  that  their  resources  increase  even  more  raj^ 
idly  tlian  their  tances. 

My  present  object  is  to  compare  firee  nations  with  each 
other,  and  to  point  out  the  influence  of  democracy  upon 
the  finances  of  a  state. 

Communities,  as  well  as  organic  bodies,  are  subject  in 
their  formation  to  certain  fixed  rules,  from  which  they  cai^ 
not  depart.  They  are  composed  of  certain  elements  which 
are  common  to  them  at  all  times  and  under  all  circum- 
stances. The  people  may  always  be  mentally  divided  into 
three  classes.  The  first  of  these  classes  consists  of  the 
wealthy  ;  the  second,  of  those  who  are  in  easy  circum- 
stances ;  and  the  tldrd  is  composed  of  those  who  have  littie 
or  no  property,  and  who  subsist  by  the  work  which  they 
perform  for  the  two  superior  orders.  The  proportion  of 
the  individuals  in  these  several  divisions  may  vary  accord- 
ing to  the  condition  of  socie^  ;  but  the  divisions  then^ 
selves  can  never  be  obliterated. 

It  is  evident  that  each  of  these  classes  will  exercise  an 
influence  peculiar  to  its  own  instincts  upon  the  administra- 
tion of  the  finances  of  the  state.  If  the  first  of  the  tliree 
exclusively  jKissesses  the  legislative  power,  it  is  probable 
that  it  will  not  be  sparing  of  the  public  funds,  because  the 
taxes  which  arc  levied  on  a  large  fortune  only  diminish  the 
sum  of  supei'fluities,  and  are,  in  fact,  but  little  ft;lt.  If  the 
second  class  has  the  power  of  making  the  laws,  it  will  cer- 
tùnly  not  be  lavish  of  taxes,  because  nothing  is  so  onerous 
as  a  large  impost  levied  upon  a  small  income.  The  gOT- 
emment  of  the  middle  classes  appears  to  me  tk«  tao&'t.  ou^ 


272  DEHDCRAOT  IN  AHESICA. 

nomictJ,  I  will  not  say  the  most  enlightened,  and  certûnlj 
not  the  most  gencrom,  of  £ree  governments. 

Let  us  now  sappoee  that  the  legialatÏTe  anthority  û 
vested  in  tl^  lowest  order  :  there  are  two  strildng  reuona 
which  show  that  the  tendency  of  the  expenditoies  will  be 
to  increase,  not  to  diminish. 

As  the  great  majority  of  those  who  create  the  laws  ban 
no  taxable  property,  oU  the  money  which  is  spent  fiir  the 
c<muinni^  appears  to  be  spent  to  their  advantage,  at  no 
cost  of  their  own  ;  and  tbose  who  have  some  little  prop- 
erty readily  find  means  of  so  regulating  the  taxes,  that  they 
weigh  upon  the  wealthy  and  profit  the  poor  ;  although  the 
rich  cannot  take  the  same  advantage  when  they  are  in  pos- 
session of  the  government. 

In  countries  in  which  the  poor  *  should  have  the  exdo^ 
sive  power  of  making  the  laws,  no  great  economy  of  pub- 
lic expenditure  ought  to  be  expected  :  that  expenditnie 
will  always  be  considerable  ;  eàùtar  because  tlie  taxes  can- 
not weigh  upon  those  who  levy  them,  or  because  they  are 
levied  in  such  a  nuuuier  as  not  to  reach  these  poorer 
classes.  In  other  words,  the  go%'emmcnt  of  the  democ- 
racy is  the  only  one  under  which  the  power  which  votes 
the  taxes  escapes  tlie  payment  of  them. 

In  vain  will  it  be  objected,  that  the  true  interest  of  the 
people  is  to  spare  the  fortunes  of  the  rich,  since  they  mnst 
suiFor  in  the  long  run  from  the  general  impoverislmient 
which  will  ensue.  Is  it  not  the  true  interest  of  kings,  also, 
to  render  their  subjects  happy,  and  of  the  nobles  to  admit 
recruits  into  tlicir  order  on  suitable  grounds  ?  If  remote 
advantages  had  power  to  prevail  over  the  passions  and  the 

*  The  word  poor  is  u.'unI  here,  and  throoehont  the  ramunder  of  this  cli^ 
trr,  in  >  rvlalivc,  nol  in  an  Blwolaic  «cu»c.  I'oor  men  in  Amerin  vonU 
often  ■])prar  Hrh  in  comparison  with  (he  poor  oF  Enropc  ;  but  Ihcr  maj 
witK  prupriuly  be  alj^ed  poor  in  comparison  wilh  their  more  affluant  cooo- 


GOVEBNMENT  OF  THE  DEMOCRACY  IN  AUEBICA.   273 

exigencies  of  the  moment,  no  sacfa'  thing  as  a  ^lannieal 
sovereign  or  an  exclusive  aristocracy  could  ever  exist. 

Again,  it  may  be  objected  that  tlie  poor  never  have  tlie 
sole  power  of  making  the  laws  ;  but  I  reply,  that,  wherever 
universal  suSrage  has  been  established,  the  majori^  tin- 
questionably  exercises  the  legislative  authority  ;  and  if  it 
be  proved  tliat  the  poor  always  constitute  the  majority, 
may  it  not  be  mlded,  with  perfect  truth,  that,  in  the  couo- 
bries  in  wliicli  tlicy  possess  the  elective  franchise,  they  pos- 
sess the  sole  power  of  making  the  laws  ?  It  is  certain 
that,  in  all  the  nations  of  the  worid,  the  greater  number  has 
always  consisted  of  those  persons  who  hold  no  property, 
or  of  those  whose  property  is  insufBcient  to  exempt  them 
from  the  necessity  of  working  in  order  to  procure  a  com- 
fiïrtable  subsistence.  Universal  suffiage  does,  therefore, 
in  point  of  &ct,  invest  the  poor  with  the  government  of 
•oclety. 

The  disastrous  influence  which  popular  authority  may 
sometimes  exercise  upon  the  finances  of  a  state  was  clearly 
seen  in  some  of  the  democratic  repablica  of  antiqui^,  in 
which  the  public  treasure  was  exhausted  in  order  to  relieve 
indigent  citizens,  or  to  supply  games  and  theatrical  amuse- 
ments &r  the  populace.  It  is  true,  that  die  representative 
system  was  then  almost  unknown,  and  tliat,  at  the  present 
time,  the  infiueiice  of  popular  passions  is  less  felt  in  the 
conduct  of  public  affairs  ;  but  it  may  well  be  beUeved  that, 
in  the  end,  the  delegate  will  conform  to  tlie  principles  of 
his  constituents,  and  &vor  their  propensities  as  much  as 
their  interests. 

The  extravagance  of  democracy  is,  however,  less  to  be 
dreaded  in  proportion  as  the  people  acquire  a  share  of 
property,  because,  on  the  one  hand,  the  contributions  of 
the  rich  are  tlu-ii  less  needed,  and,  on  the  other,  it  is  more 
difficult  to  impose  taxes  which  shall  not  reach  the  imposeis. 
On  this  account,  universal  sufirage  would  bd  l«a&  4axi^st«QK 


fH  DEMOCRACY    IN   AMERICA. 

in  France  than  in  England,  where  nearly  oil  tbe  taxable 
prnpcrty  is  vested  in  tlic  honda  of  a  fow.  Acneriea,  wbttv 
Uie  grvnt  mtijority  of  the  cltiitena  possess  Rome  forttme,  is 
in  a  still  more  fiivoraWe  position  than  France. 

There  are  further  causes  which  may  increase  the  aiiumnt 
of  iinblic  exjiendîture  in  democratic  countries.  When  an 
aristocracy  governs,  those  who  conduct  the  aflairs  of  state 
are  exempted,  by  their  very  station  in  society,  from  any 
want  :  content  witli  their  lot,  power  and  renown  are  the 
only  objects  for  which  they  strive  ;  placed  far  above  the 
obscure  crowd,  they  do  not  always  clearly  perceive  how 
the  well-being  of  the  mass  of  Uie  people  will  redound  to 
^icir  own  grandeur.  They  are  not,  indeed,  callous  to  the 
BuHerings  of  the  poor  ;  bat  they  cannot  feel  those  mÎMnal 
u  Kcutely  as  if  they  were  themselves  partakers  of  dieoi. 
Provided  that  the  people  appear  to  submit  to  their  lot, 
die  rulers  are  satisfied,  and  demand  nothing  further  from 
die  government.  An  aristocracy  is  more  intent  upon  Ûta 
means  of  maintaining  than  of  improving  its  condition. 

When,  on  the  contrary,  the  people  are  invested  with  ibe 
caprcme  authority,  they  are  perpetually  seeking  for  some- 
thing better,  because  tliey  feel  the  hardsliips  of  their  lot. 
The  thirst  for  improvement  extends  to  a  thousand  different 
objects  ;  it  descends  to  the  most  trivial  details,  and  especial- 
ly to  those  changes  which  are  accompanied  with  consider»- 
ble  expense,  since  the  object  is  to  improve  the  conditÎMi  t£ 
the  poor,  who  cannot  pay  for  the  improvement.  More- 
over, all  democratic  communities  arc  agitated  1^  an  ill- 
defined  excitement,  and  a  kind  of  feverish  impatience,  that 
creates  a  multitude  of  innovations,  almost  all  of  which  «re 
expensive. 

In  monarchies  and  aristocracies,  those  who  ore  ambitions 
flatter  the  natural  taste  which  the  rulers  have  for  pow«r 
and  renown,  and  thos  often  incite  them  to  vcty  cmtlj' 
undertakings.     In  democracies,  where  tbe  foIos  ore  poor 


GOTERHMENT  OF  THE  DEUOCRACT  IK  AHEBICA.      '275 

and  in  want,  they  can  he  courted  only  by  such  means  as 
■will  improve  their  well-being,  and  these  improvements  can- 
not take  place  without  money.  When  a  people  begin  to 
reflect  on  their  situation,  they  discover  a  multitude  of 
wants  which  they  had  not  before  been  conscious  of,  and  to 
satisfy  these  exigencies  recourse  must  he  had  to  the  coffers 
of  the  state.  Hence  it  happens  that  the  puhUc  charges 
increase  in  proportion  to  the  civiJizadon  of  the  countiy, 
and  imposts  are  augmented  as  knowledge  becomes  more 


The  last  cause  which  renders  a  democratic  government 
dearer  than  any  other  is,  that  a  democracy  does  not  always 
lessen  its  expenditures  even  when  it  wishes  to  do  so,  be- 
cause it  does  not  understand  the  art  of  being  economical. 
As  it  frequently  changes  its  purposes,  and  still  more  îr»- 
quently  its  agents,  its  undertakings  are  oflen  ill  conducted 
or  lefl  unfinished:  in  the  former  case,  the  state  spends 
Bams  out  of  all  proporUon  to  tfie  end  which  it  proposes  to 
accomplish  ;  in  the  latter,  the  expense  brings  no  return. 


Id  Dcmorradcs,  those  who  establish  high  Salaries  have  no  chance  of  profit- 
ing bj  them.  —  Tendency  of  iho  American  Democracy  to  increase  tha 
SsUrica  of  Eubordinato  Offlccra,  and  to  lower  tliosc  of  the  more  impor- 
tADt  FuQctionanca.  —  Reason  of  thU.  —  Comparative  Statement  of  tba 
Salaries  of  Public  Officcre  in  the  United  States  and  in  Franco. 

There  is  a  powerfid  reason  which  usually  induces  de- 
mocracies to  economize  upon  the  salaries  of  public  officers. 
Those  who  fix  the  amount  of  the  salaries,  being  very  nu- 
merous, have  but  little  chance  of  obtaining  office  so  as  to 
be  in  receipt  of  those  salaries.  In  aristocratic  countries, 
on  the  contrary,  the  individuals  who  appoint  high  salaries 
have  almost  always  a  vague  hope  of  çtoÈùa^  ^ï^  'ûosm* 


2T8  DEHOCTUCT  IN  AMEBIC  A. 

These  appointmonta  may  be  looked  upon  as  a  capita!  wliicli 
tiiey  create  for  their  own  ose,  or  at  least  as  a  resource  for 
their  children. 

It  must  be  allowed,  moreover,  that  a  democratic  state  ig 
most  ])arBimonious  towards  its  principal  agents.  In  Amer* 
ica,  the  secondary  ofRcera  are  much  better,  and  the  higher 
fimctionaries  much  worse  paid,  than  elsewhere. 

Tliese  opposite  effects  result  from  the  same  t-anse  :  thé 
people  fis  the  salaries  of  the  public  officers  in  btitli  cases  ; 
and  the  scale  of  remuneration  is  determined  by  the  com- 
parison of  their  own  Want^.  It  is  lield  to  be  fair,  that  the 
servants  of  the  public  should  be  placed  in  tlio  same  easy 
circumstances  as  the  public  tliemselves  ;  *  but  when  the 
question  turns  upon  the  salaries  of  the  great  officers  of 
atato,  this  rule  falls,  and  chai>ce  aione  guiàijs  tha  populikr 
decision.  The  poor  have  no  adequate  conception  of  the 
wants  which  the  higher  classes  of  society  feel.  The  snm 
which  is  scanty  to  the  rich  appears  enormous  to  him 
whose  wants  do  not  extend  beyond  the  necessaries  of  life;  . 
and  in  his  estimation,  the  Governor  of  a  State,  with  his 
twelve  hundred  or  two  thousand  dollars  a  year,  is  a  fortu- 
nate and  enviable  being.f  If  you  try  to  convince  him 
that  the  representative  of  a  great  people  ought  to  appear 
with  some  splendor  in  the  eyes  of  foreign  nations,  he  will 
at  first  assent  to  jour  assertion  ;  but  when  he  reflects  on 

*  Th«  ctsj  dnrnmitiuiFm  iQ  which  Berondarj  functionariea  arc  pisced  in 
the  United  Slates  result,  slio,  from  another  cuue,  irhich  is  indepMiddit 
of  the  general  tcudeacicB  of  dcmocntcj:  every  kind  of  private  biuinees  is 
ïBTy  lucndive,  luid  tlie  «late  would  not  be  served  at  sll  if  it  did  not  pay  It* 
mttbhU  well.  The  country  is  in  the  position  of  a  commercial  house,  which 
if,  TiMi^  to  sustain  a  costly  competition,  notwithjlanding  ill  lactca  are  mo- 

t  T)]e  Stale  of  Ohio,  which  contains  a  million  of  inhabitants,  ^ves  tti 
Governor  a  salary  of  only  1  ,S0O  dollars  a  year.  [Now  that  its  popalatioli 
exceods  tiro  millions,  the  Governor's  salary  has  been  raiaed  to  1,S00  dollMi 


GOVEBNHEKX  OT  THE  DEHOGBACT  IN  AMEBIOA.   277 

his  own  humble  dwelling,  and  the  sm&ll  earnings  of  his 
hard  toil,  he  remembers  ail  that  he  could  do  with  a  salaiy 
which  you  judge  to  be  insuiBcient,  and  he  is  startled  and 
almost  frightened  at  the  view  of  so  much  wealth.  Be- 
sides, the  secondary  public  oiBcer  b  almost  on  a  level  with 
the  people,  whilst  die  others  are  raised  above  them.  The 
fonner  may  therefore  excite  his  sympathy,  but  the  lattw 
begin  to  arouse  his  envy. 

This  is  clearly  seen  in  the  United  States,  where  the  sal- 
aries seem,  if  I  may  so  speak,  to  decrease  as  the  authority 
of  those  who  receive  them  is  augmented.* 

Under  the  rule  of  an  aristocracy,  on  the  contrary,  the 
high  officers  receive  munificent  salaries,  while  the  interior 

"  To  render  this  esawlion  perfectly  evident,  it  will  suffice  to  examine  tlM 
■cale  or  Balnric»  of  tlie  agents  of  the  FederU  government  I  have  fidded 
the  salaries  of  the  conetponding  offlcen  in  France,  to  complete  the  com- 

CVITID   STATES.  VKAHOB. 

ifïaMèn  i&  Finança. 
I   Hniisier,     .     .     .     l,HN)fr.  (*300) 
I   Clerk  with  lowest  sala. 
I       ry,     1,000 to  1,800 fr.  (9300-360) 
)   Clerk  with  highosl  aala- 

«lo  3,600  ft.  (S640-7») 
I   SeaeCaire-e^Dfral,  aO,OO0fr.(ti,0Op) 
TheMinister,      80,000  fr.  (SI6,000) 
The  King,  lï.OOO.OOOfï.  (82,400,000) 
(Sineo  M.  de  TocqneTilla  wrota,  all  thess  salarie»  of  American  officer», 
except  that  of  the  President,  hare  been  somewhat  enlarged  ;  bat  the  addi- 
tion made  to  them  is  not  more  ttuLn  enough  to  make  up  for  the  inci«iu«d 
«xpeiues  of  living.  — Ax.  'Ed.] 

1  have  perhaps  done  wrong  in  telectiDg  France  as  my  standard  of  cont- 
parison.  In  France,  as  the  democntiG  tendendee  of  the  nation  exercise  aa 
eTer-inrTcaain(r  inflnence  upon  the  govenunent,  the  Chamber*  show  a  dUpo- 
lition  to  raise  the  low  salaries,  and  to  lower  the  principal  ones.  Thus,  tto 
Minister  of  Finance,  who  received  160,000  ft.  under  the  Umpire,  rec^vea 
60,000  ft.  in  1835;  the  Dirtttean-GatOraux  of  Finance,  who  thea  received 
»,000  tt.,  now  receire  onl;  so.OOO  fr. 


«TOO   ] 


Trtatary  D^artnttt. 

Messenger, 

Clerk  with  lowest  salary,  .     .1,00 
Clerk  with  highest  salary,    .      1,60 

Chief  Clerk 2,00 

Secretary  of  Stale,    .     .     .      «,000 
The  President, 39,000   f 


278  DEHOCRACr  IN  AUEBICA. 

ones  often  have  not  more  than  enough  to  procure  die 
necessaries  of  life.  The  reason  of  this  &ct  is  easily  dis* 
coverable  &om  causes  very  analogous  to  those  which  I 
have  just  pointed  out.  As  a  democracy  is  unable  to  con- 
ceive the  pleasures  of  the  rich,  or  to  witness  them  without 
envy,  so  an  aristocracy  is  slow  to  understand  the  privadoni 
of  the  poor,  or  rather  is  unacquainted  witli  them.  The 
poor  man  is  not,  properly  speaking,  of  the  same  kind  as 
the  rich  one  ;  but  lie  is  a  being  of  another  species.  An 
aristocracy  therefore  cares  but  little  for  the  condition  of  its 
Bubordinate  agents  ;  and  their  salaries  are  r^sed  only  when 
they  refuse  to  serve  fur  too  scanty  a  remuneration. 

It  is  the  parsimonious  conduct  of  democracy  towards  its 
principal  officers,  which  has  caused  more  econonucal  pro- 
pensities to  bo  attributed  to  it  than  it  really  possesses.  It 
is  true  that  it  scarcely  allows  the  means  of  decent  main- 
tenance to  those  who  conduct  its  afFalrs  j  but  it  lavishes 
enormous  sums  to  succor  the  wants  or  fecilitate  the  enjoy- 
ments of  the  people.*  The  money  raised  by  taxation  may 
be  better  employed  ;  but  it  is  not  economically  used.  In 
general,  democracy  gives  largely  to  tlie  people,  and  very 
sparingly  to  those  who  govern  tliem.  Tlie  reverse  is  the 
case  ill  aristocratic  countries,  where  the  money  of  the  state 
profits  the  persons  who  are  at  the  head  of  affairs. 

*  See  Ihe  AnicricaD  bodgeu  for  llic  sapport  of  paupers,  and  for  gntni- 
ions  insimrtion.  In  1S31,  orer  $  350,000  were  spcnl  in  (bo  Stale  of  Kcw 
Tark  for  the  mainicnnticD  of  iho  poor  ;  and  at  least  S  1,000,000  were  de- 
voted 10  public  ioftniclioD.  [lu  1858,  the  loral  expenditure  for  the  relief  of 
■ha  poor  in  the  Slate  of  New  York  waa  81,491,391;  and  for  commoii 
•ebools,  S3,e53,99&.  —  An.  Ed.]  Tlie  Sute  of  New  Yort  contained  only 
1,900,000  iubabitanu  in  tbc  jcnr  1830,  which  a  not  more  than  double  thô 
amount  of  population  in  tlic  Difjiarlimfnl  du  Nord  in  France.  [la  1&5S,  ifas 
population  of  New  York  was  3,4GG,!ia.] 


GOV£BNU£NT   OF  THE  PEMOCBAGY  m  AUEBICA,       279 


We  are  liable  to  frequent  errors  in  seeking  among  &cts 
for  the  real  inâuence  wKich  laws  exercise  upon  the  fiit6  of 
mankind,  since  nothing  is  more  difBcult  to  appreciate  than 
a  &ct.  One  nation  ia  naturally  fickle  and  enthusiastic  ; 
another  is  sober  and  calculating  ;  and  these  characteristics 
ori^ate  in  their  physical  constitution,  or  in  remote  causes 
with  which  we  are  unacquainted. 

There  are  nations  which  are  fond  of  parade,  bustle,  and 
festivity,  and  which  do  not  regret  millions  spent  upon  the 
gayeties  of  au  hour.  Others,  on  the  contrary,  are  attached 
to  more  quiet  enjoyments,  and  seem  almost  ashamed  of 
appearing  to  be  pleased.  In  some  countries,  high  value  is 
set  upon  the  beauty  of  public  edifices  ;  in  others,  the  pro- 
ductions of  art  are  treated  with  indifference,  and  every- 
thing which  is  unproductive  is  regarded  with  contempt. 
In  some,  renown,  in  others,  money,  is  the  ruling  passion. 

Independently  of  the  laws,  all  these  causes  exercise  a 
powerful  influence  upon  the  conduct  of  the  finances  of 
the  state.  If  tlie  Americans  never  spend  the  money  of 
the  people  in  public  festivities,  it  is  not  merely  because  the 
taxes  are  under  the  control  of  the  people,  but  because  the 
people  take  no  delight  in  festivities.  If  they  repudiate  all 
ornament  from  their  architecture,  and  set  no  store  on  any 
but  practical  and  homely  advantages,  it  is  not  because  they 
live  under  democratic  institutions,  but  because  they  are  a 
commercial  nation.  The  habits  of  private  lite  are  coo- 
tjnued  in  public  ;  and  we  ought  carefiilly  to  distinguish 
that  economy  which  depends  upon  their  institutions  from 
that  which  is  the  natural  result  of  then:  habitudes  and 


280  VBMWSBACt  a  iUEEICA.* 


WHETHER  THE  KJLFKMDiTUliB  OF  THB  UHRED  8TA' 
BE  COUFARED  WITH   THAT  OF  FRAUGB.  • 

Two  Points  to  be  establÎBfaed  m  order  to  eidiiiata  11»  EzienI  of  te  FMUIb 
Charges,  riz.  the  National  Weakh,  and  the  Bate  of  TkzitfMi.^Tki 
Wealth  and  the  Chargée  of  I^nuice  not  accurately  known.  —  Wlij  An 
Wcahh  and  Charges  of  the  Union  cannot  be  accormtelj  known*— ^! 
searclics  of  the  Author  to  diaoo^ér  the  Amonnt  of  Taxation  of 
vania.  —  General  Symptoms  which  may  serve  to  indicate  tl» 
of  the  Pablic  Chai^ges  in  a  giten  Nation.  —  BcsoU  (tf  this 
for  the  Union. 

Ma^y  attempts  have  recently  been  made  in  France  to 
compare  the  public  expenditure  ci  that  country  with  tho 
expenditure  of  tlie  United  States.  All  these  attempt^ 
have,  however,  been  fruitless  ;  and  a  few  words  will  8u£Sce 
to  show  that  they  could  not  have  a  satisfactory  result. 

In  order  to  estimate  the  amount  of  the  public  charges  oî 
a  people,  two  preliminaries  are  indispensable  :  it  is  neces- 
sary, in  the  first  place,  to  know  the  wealth  of  that  people  ; 
and,  in  tlie  second,  to  learn  what  portion  of  that  wealth  is 
devoted  to  the  expenditure  of  the  state.  To  show  the 
amount  of  taxation  without  showing  the  resources  which 
are  destined  to  meet  it,  would  be  a  fiitile  task  ;  for  it  is  not 
the  expenditure,  but  the  relation  of  the  expenditure  to  the 
revenue,  which  it  is  desirable  to  know.  The  same  rate  of 
taxation  which  may  easily  be  supported  by  a  wealthy  con- 
tributor will  reduce  a  poor  one  to  extreme  misery. 

The  wealth  of  nations  is  composed  of  several  elements  ; 
real  property  is  the  first  of  these,  and  pei'sonal  property  the 
second.  It  is  difficult  to  know  precisely  the  amount  of 
cultivable  land  in  a  country,  and  its  natural  or  acquired 
value  ;  and  it  is  still  more  difficult  to  estimate  the  whole 
personal  property  which  is' at  the  disposal  of  a  nation,  and 
which  eludes  the  strictest  analysis  by  the  diversity  and  the 
number  of  shapes  under  which  it  may  occur.     And,  in- 


GOVEBNMENT  OF  THE  DEHOCBACT  IN  AMERICA.       281 

deed,  we  find  that  the  nations  of  Europe  which  have  been 
the  loDgest  civilized,  including  even  those  in  which  the  ad- 
ministration is  most  centralized,  have  not  succeeded,  as  yet, 
in  determining  the  exact  amount  of  their  wealth. 

In  America,  the  attempt  has  never  been  made  ;  for  how 
would  such  an  investigation  be  possible  in  a  new  countiy, 
where  society  has  not  yet  settled  into  fixed  and  tranquil 
habits,  —  where  the  national  government  is  not  assisted  by 
a  multitude  of  agents  whose  exertions  it  can  command  and 
direct  to  one  end, — and  where  statistics  are  not  studied, 
because  no  one  is  able  to  collect  the  necessary  documents, 
or  find  time  to  peruse  them  ?  Thus  the  primary  elements 
of  the  calculations  which  have  been  made  in  France  can- 
not be  obtained  in  the  Union  ;  the  relative  wealth  of  the 
two  countries  is  unknown  :  the  property  of  the  former  18 
not  yet  accurately  determined,  and  no  means  exist  of  com- 
puting that  of  the  latter. 

I  consent  therefore,  for  the  moment,  to  abandon  this 
necessary  term  of  the  comparison,  and  I  confine  myself  to 
a  computation  of  the  actual  amount  of  taxation,  without 
investigating  the  ratio  of  the  taxation  to  the  revenue. 
But  the  reader  will  perceive  that  my  task  has  not  been 
fitcililated  by  tlius  narrowing  the  circle  of  my  researches. 

It  cannot  be  doubted  that  the  central  administration  of 
France,  assisted  by  all  the  public  officers  who  are  at  its  dis- 
posal, might  determine  precisely  the  amount  of  the  direct 
and  indirect  taxes  levied  upon  the  citizens.  But  this  in- 
vestigation, which  no  private  individual  can  undertake,  haar 
not  hitherto  been  completed  by  the  French  government, 
or,  at  least,  its  results  have  not  been  made  public.  We 
are  acquainted  with  the  sum  total  of  the  charges  of  the 
state  ;  we  know  the  amount  of  the  departmental  expendi- 
ture ;  but  the  expenses  of  the  commune*  have  not  been 
computed,  and  the  total  of  the  pubhc  expenses  of  France 
is  consequently  unknown. 


282  DEMOCRACy  IN  AMEBICA. 

If  we  now  turn  to  America,  we  perceive  that  the  diffi 
culties  are  multiplied  and  enhanced.  The  Union  publish 
an  exact  return  of  the  amoimt  of  its  expenditure;  the 
budgets  of  tlie  four  and  twenty  States  publish  similar  re- 
turns ;  but  the  expenses  of  the  counties  and  the  towndiips 
are  unknown.* 

*  The  Americans,  as  we  have  seen,  haye  four  separate  budgets, — ihë 
Union,  the  States,  the  counties,  and  the  townships  having  each  sevexaDj 
their  own.  During  my  stay  in  America,  I  made  every  endeavor  to  disr 
cover  the  amount  of  the  public  expenditure  in  the  townships  and  countiei 
of  the  principal  States  of  the  Union  ;  and  I  readily  obtained  the  budget 
of  the  larger  townships,  but  found  it  quite  impossible  to  procure  that  of  the 
smaller  ones.  I  possess,  however,  some  documents  relating  to  county  ex- 
penses which,  although  incomplete,  are  still  curious.  I  have  to  thank  Mr. 
Richards,  former  Mayor  of  Philadelpliia,  for  the  budgets  of  thirteen  of  the 
counties  of  Pennsylvania,  —  viz.  Lebanon,  Centre,  Franklin,  Fayette,  Mont- 
gomery, Luzerne,  Dauphin,  Butler,  Alleghany,  Columbia,  Nortliampton, 
Nortliumbcrland,  and  Philadelphia,  —  for  the  year  1830.  Their  population 
at  that  time  consisted  of  495,207  inhabitants.  On  looking  at  the  map  of 
Pennsylvania,  it  will  be  seen  that  these  thirteen  counties  are  scattered  in 
every  direction,  and  so  generally  affected  by  the  causes  which  usually  influ- 
ence the  condition  of  a  country,  that  they  may  fairly  be  supposed  to  furnish 
a  correct  average  of  the  financial  state  of  the  counties  of  Pennsylvania  in 
general.  The  expenses  of  these  counties  amounted,  in  the  year  1830,  to 
about  $  342,900,  or  nearly  69  cents  for  each  inhabitant  ;  and,  calculating 
that  each  of  them  contributed  in  the  same  year  about  $  2.43  towards  the 
Union,  and  about  72  cents  to  the  State  of  Pennsylvania,  it  appears  that  they 

If 

each  contributed,  as  their  share  of  all  the  public  expenses  (except  those  of 
the  to\\'nships),  the  sum  of  S  3.84.  This  calculation  is  doubly  incomplete, 
as  it  applies  only  to  a  single  year  and  to  one  part  of  the  public  cliargcs  ;  but 
it  has  at  least  the  merit  of  not  being  conjectural. 

[This  estimate  probably  errs  by  excess.  Li  the  American  Almanac  for 
1847,  a  careful  computation,  founded  on  numerous  returns,  makes  the  aggre* 
gate  of  national  exiKînditure  for  each  inhabitant  97  cents  ;  of  State  expen- 
diture, 50  cents  ;  of  town  or  city,  including  county,  expenditure,  92  cents  ; 
—  making  the  total  cost  of  government  for  each  person  $2.39.  Mr.  Liv- 
ingston, in  a  calculation  made  in  1832,  estimated  the  cost  of  government  in 
the  United  States  at  an  average  of  $2.15  for  each  person.  In  1838,  Mr. 
H.  C.  Carey  of  Philadelphia  estimated  it  at  $2.19.  Allowing  for  the  dif* 
ferences  created  by  the  lapse  of  years,  these  three  estimates,  founded  on  in* 
dependent  data,  agree  remarkably  welL  —  Am.  Ed.] 


OOTEBNMENT  OF  TBE  SEUOGBACT  Qt  AHSBICA.   288 

The  Federal  authority  cannot  oblige  the  State  govem- 
ments  to  throw  any  light  upon  this  point;  and  even  if 
these  governments  were  inclined  to  give  their  «multaneoos 
aid,  it  may  be  doubted  whether  they  are  able  to  furnish  a 
satisfactory  answer.  Independently  of  the  natural  difficul- 
ties of  the  task,  the  political  organization  of  the  country 
would  hinder  the  success  of  their  efforts.  The  county  and 
town  magistrates  are  not  appointed  by  the  authorities  of 
the  State,  and  are  not  subjected  to  their  control.  It  is 
therefore  allowable  to  suppose,  that,  even  if  the  State  was 
desirous  of  obtaining  the  returns  which  we  require,  its  de- 
ùgn  would  be  counteracted  by  the  neglect  of  those  subor- 
dinate officers  whom  it  would  be  obL*ged  to  employ.*    It  is 

*  Those  who  bare  attempted  to  oomparo  the  expeneea  of  Fnuice  sud 
America  bave  at  odco  perceived,  that  no  auch  comparûon  codM  be  drawn 
between  the  total  expenditures  of  the  two  coantries  ;  bnt  Ibe;  have  codeiiT- 
oced  to  contrast  detached  poriiona  of  thi»  expenditure.  It  ma;  rcadilj  ba 
ibown,  that  tbia  second  system  is  not  at  all  less  defective  tban  the  first. 

ir  I  aciempt  to  compare  the  French  bodget  with  the  budget  of  the  Union, 
it  masl  he  rcmcmhered  that  the  latter  embraces  mnch  fewer  objects  [ban  tha 
centralized  govcramene  of  the  former  conntr;,  and  that  the  American  expen- 
ditnre  mnst  consequcntlj  be  macb  smaller.  If  I  conmn  the  budgets  of  the 
departments  with  those  of  Che  States  which  coastitnce  the  Union,  it  most  be 
observed,  tlmt,  as  the  Statei  hare  the  snperviHÏon  of  more  nnmcrona  and 
important  inlcrests  than  the  departments,  their  expeoditore  is  natnnillj 
more  ronsidcrahle.  As  for  the  hndgets  of  the  counties,  nothing  of  the  kind 
occurs  in  the  French  sjatem  of  finances  ;  and  it  is  doahtful  whether  the  cor- 
tespoDding  expenses  in  France  should  be  referred  to  the  budget  of  the  state, 
or  to  those  of  the  muoicipol  divluiona. 

Municipal  expenses  exist  in  botli  countries,  bnt  the/  are  not  always  analo- 
gous. In  America,  the  townships  dischai^  a  variety  of  offices  which  are 
leeerved  io  France  to  the  departments,  or  to  the  state.  It  may,  moceover, 
be  asked  what  is  lo  be  undemood  by  the  municipal  expenses  of  America. 
The  organizatioD  of  the  maoidpal  bodies  or  townshipa  diSera  in  the  several 
Stales.  Are  we  to  be  guided  by  wbat  ocean  in  New  England  or  in 
Qaorgia,  in  Feonaylvania  or  in  Illinois  1 

A  Idnd  of  analogy  may  veiy  readily  be  perceived  between  certain  bndgeti 
id  the  two  cotmtrioa  ;  bnl  as  the  elemenu  of  which  they  are  composed  at 
w^  difièr  more  or  leu,  no  &ir  compuiion  oil  be  inKiuUB^>>Qn«Ë&'àiK&> 


284  PEMOGBÀOT  IH  AMEBICA. 

in  &ct  useless  to  inquire  what  the  Americans  mi^  jdo  ftp» 
forward  this  inquiry,  since  it  is  certain  that  thej  have  hidir 
erto  done  nothing.  Theie  does  not  exist  a  sing^  Individ . 
ual  ut  tlie  present  day,  in  America  or  in  Europe,  who  oui 
inform  us  what  each  citizen  of  the  Union  annnally  ooii* 
tributes  to  the  public  charges  of  the  nation.* 

Hence  we  must  conclude,  that  it  is  no  less  difficult  to 
compare  the  social  expenditure,  than  it  is  to  estimate  the 
relative  wealth,  of  France  and  America.  I  wiD  even  add^ 
tliat  it  would  be  dangerous  to  attempt  this  compariscm;. 
fi>r  when  statistics  are  not  based  upon  computations  which 

*  Even  if  wo  knew  the  exact  peconiaiy  contribntioiu  of  ev«fj  "Rnoàt 
«nd  American  citizen  to  the  cofien  of  the  state,  we  shoold  onlj  oome  aft  à 
portion  of  the  truth.  Goyemments  not  only  demand  supplies  of  monajr, 
bat  call  for  personal  services,  which  may  be  looked  upon  as  equivalent  to  a 
given  sum.  When  a  state  raises  an  army,  besides  the  pay  of  the  troope 
which  is  furnished  by  the  entire  nation,  each  soldier  must  give  up  his  time, 
the  value  of  which  depends  on  the  use  he  might  make  of  it  if  he  were  not 
in  the  scnnce.  Tlic  same  remark  applies  to  the  militia  ;  the  citizen  who  is 
in  the  militia  devotes  a  certain  portion  of  valuable  time  to  the  maintenance 
of  tlio  public  security,  and  in  reality  surrendei*»  to  the  state  tliose  earnings 
which  ho  is  prevented  from  gaining.  Many  other  instances  might  be  cited. 
The  governments  of  France  and  America  both  levy  taxes  of  this  kind,  which 
weigh  upon  the  citizens  ;  but  who  can  estimate  with  accuracy  their  relative 
amount  in  the  two  countries  ? 

This,  however,  is  not  the  last  of  the  diihculties  which  prevent  us  from 
comparing  tlie  expenditure  of  the  Union  with  that  of  Prance.  The  French 
go\*ernment  contracts  certain  obligations  which  are  not  assumed  by  the  state 
in  America,  and  vice  versa.  The  French  government  pays  the  cler^gy  ;  in 
America,  the  voluntary  principle  prevails.  In  America,  there  is  a  legal  pro- 
vision for  the  poor  ;  in  Franco,  they  are  abandoned  to  the  charity  of  the 
public.  The  French  public  officers  are  paid  by  a  fixed  salary;  in  America, 
tfaey  are  allowed  certain  perquisites.  In  France,  contributions  in  labor  take 
place  on  very  few  roads,  —  in  America,  u])on  almost  all  tlie  thorooghfiuep  : 
in  the  former  country,  the  roads  are  free  to  all  travellers  ;  in  the  latter,  turn- 
pikes abound.  All  these  difibrenccs  in  tlie  manner  in  which  taxes  are  levied 
in  the  two  countries  enhance  the  difficulty  of  comparing  their  expenditure  ; 
for  there  are  certain  expenses  which  the  citizens  would  not  be  subject  to,  oi 
wbich  would  at  any  laxe  be  leas  considerable,  if  the  state  did  noi  findfirtaks 
0  fict  in  their  name. 


GOVERNME^TT  Of  THE  DEHOCBACT  IN  AUEBICA.       285 

UK  strictly  accnrate,  they  mblead  instead  of  guiditig  aright. 
The  mind  is  easÛy  imposed  upon  by  the  affectation  of  ex- 
actitude wliich  marks  even  the  misstatements  of  statistics  ; 
and  it  adopts  with  confidence  the  errors  which  are  appar- 
elled in  the  forms  of  mathematical  truth. 

We  abandon,  therefore,  the  numerical  investigation,  with 
the  hope  of  meeting  with  data  of  another  kind.  In  the 
absence  of  positive  documents,  we  may  form  an  opinion  as 
to  the  proportion  which  the  taxation  of  a  people  hears  to 
its  real  wealth,  by  observing  whetlier  its  external  appeaiy 
ance  is  flourishing  ;  whether,  after  having  pud  the  dnes  of 
the  state,  the  poor  man  retains  the  means  of  subsistence, 
and  the  rich  tlie  means  of  enjoyment  ;  and  whether  both 
classes  seem  contented  with  their  position,  seeking,  bow- 
erer,  to  ameliorate  it  bj  perpetual  exertions,  so  that  industry 
is  never  in  want  of  capital,  nor  capital  unemployed  by  in- 
dustry. The  observer  who  draws  his  inferences  from  these 
signs  will,  undoubtedly,  be  led  to  the  conclusion,  that  the 
American  of  the  United  States  contributes  a  much  smaller 
portion  of  his  income  to  the  state  than  the  citizen  of 
France.     Nor,  indeed,  can  the  result  be  otherwise. 

A  portion  of  the  French  debt  is  the  consequence  of  two 
invasions  ;  and  the  Union  has  no  similar  calamity  to  fear. 
The  position  of  France  obliges  it  to  maintain  a  large  stand- 
ing army  ;  the  isolation  of  the  Union  enables  it  to  have 
only  six  thousand  soldiers.  The  French  have  a  fleet  of 
three  hundred  sail  ;  the  Americans  have  [1832]  only  fifty- 
two  vessels.  How,  then,  can  the  inhabitant  of  the  Union 
be  taxed  as  hea^'ily  as  the  inhabitant  of  France?  No  par- 
allel can  be  drawn  between  the  finances  of  two  countries 
80  differently  situated. 

It  is  by  examining  what  actually  takes  place  in  the  Un- 
ion, and  not  by  comparing  the  Union  with  France,  that  we 
can  judge  whether  the  American  government  is  really 
economical.    On  casting  my  eyes  ovei  the  âïSenoX  '»- 


286  CEHOORAOr  IT  imHCUL 

publics  which  fonn  the  confèdention,  I  pcnàve  tint  AA 
governments  often  lack  penererance  in  àuâr  xmântJàag^ 
and  that  thef  exercise  no  steady  contrd  aver  the  bmé 
whom  they  employ.  I  natoially  infer  that  thc7  rant  oAChi 
spend  the  money  of  the  pe<^e  to  no  purpose,  or  conAmw 
more  of  it  than  îa  really  necessary  fer  their  enterprises. 
Faithful  to  its  popular  origin,  the  goTcmment  males  greil 
efforts  to  satisfy  the  wants  of  the  lower  orders,  to  typta  to 
them  the  road  to  power,  and  to  difiîué  knowledge  and 
comfort  among  them.  The  poor  are  maintained,  '"""«"t 
sums  ore  annually  devoted  to  pahlic  inttmction,  aU  servieei 
arc  remunerated,  and  the  hnmblest  agents  are  libenUy 
paid.  This  kind  of  government  appears  to  be  nsefhl  and 
rational,  but  I  am  constrained  to  admit  that  it  is  expensve. 

Wlierevcr  the  poor  direct  public  af&irs,  and  dispose  of 
the  national  resources,  it  appears  certain  that,  as  tliey  profit 
by  Hie  expenditure  of  the  state,  they  will  often  augment 
that  expenditure. 

I  conclude,  therefore,  without  having  recourse  to  inaccu- 
rate statistics,  and  without  hazanling  a  comparison  whidi 
might  prove  incorrect,  that  the  democratic  government  of 
the  Americans  is  not  a  cheap  government,  as  is  sometimes 
asserted  ;  and  I  fear  not  to  predict  tliat,  if  the  United  States 
are  ever  involved  in  serious  diffîculties,  taxation  will  speed- 
ily be  raised  as  high  there  as  in  most  of  the  aristocracies  or 
the  monarchies  of  Eim)pe. 


In  Aristocmcics,  Rulcn  sometimes  cndcuTor  to  coirapt  tlio  People.  —  In 
Deiuocrai-ics,  lialers  frequcntlj  sliow  tliemsclvcs  lo  bo  comipl.  —  In  tfaa 
fonncr,  Iliuir  Virât  are  directly  prcjudli-inl  to  tlie  Morality  of  ths  FMple. 
—  Ill  llio  lallcr,  their  indirect  Influença  is  BtilE  more  pcmii-ioiu. 

A  niSTiNcmos  must  be  made,  when  aristocracies  and 
(/emocracies  mutually  accuse  each  other  of  £icilitating  coi^ 


aOVEHNMENT   OF  THB  DBMOCBACT  IN  AMERICA.      .287 

mption.  In  aristocratic  govemmenta,  those  who  are  placed 
Bt  the  head  of  affaira  are  rich  men,  who  are  desirous  only 
of  power.  In  democracies,  statesmen  are  poor,  and  have 
their  fortunes  to  make.  The  consequence  is,  that,  in  ari^ 
tocratic  states,  the  rulers  are  rarely  accessible  to  corrupt 
tion,  and  have  little  craving  (or  money  ;  whilst  the  reverse 
is  the  case  in  democratic  nations. 

But  in  aristocracies,  as  those  who  wish  to  attain  the  head 
of  aflïiirs  possess  considerable  wealth,  and  as  the  number 
of  persons  by  whose  assistance  they  may  rise  is  compara* 
lively  small,  tlie  government  is,  if  I  may  so  speak,  put  up 
at  auction.  In  democracies,  on  the  contrary,  those  who 
are  covetous  of  power  are  seldom  wealthy,  and  the  number 
of  those  who  confer  power  is  extremely  great.  Perhaps,  in 
democracies,  the  number  of  men  who  miglit  be  bought  is 
not  smaller,  but  buyers  are  rarely  to  be  found  ;  and,  b&- 
fides,  it  would  he  necessary  to  buy  so  many  persons  at 
once,  that  the  attempt  would  be  useless. 

Many  of  the  men  who  have  governed  France  during  the 
last  forty  years  have  been  accused  of  making  tlieir  fortunes 
at  the  expense  of  the  state  or  its  allies  ;  a  reproach  which 
was  rarely  addressed  to  the  public  men  of  tlie  old  mon- 
archy. But  in  France,  the  practice  of  bribing  electors  is 
almost  unknown,  whilst  it  is  notoriously  and  publicly  car- 
ried on  in  England.  In  the  United  States,  I  never  heard 
any  one  accused  of  spending  his  wealth  in  buying  votes  ; 
but  I  have  often  heard  the  probity  of  public  officers  ques- 
tioned ;  still  more  frequently  have  I  heard  their  success 
attributed  to  low  intrigues  and  immoral  practices. 

If,  then,  the  men  who  conduct  an  aristocracy  sometimes 
endeavor  to  corrupt  the  people,  the  heads  of  a  democracy 
are  themselves  corrupt.  In  the  former  case,  the  morality 
of  the  peo|)]e  is  directly  assailed  ;  in  the  latter,  an  indirect 
influence  is  exercised  which  ia  still  more  to  be  dreaded. 

As  the  rulers  of  democratic  nations  eie  lAiaasiV  À'9!«^ 


288  DEHOCBAOr  n  JDOUa. 

suspected  oC  dishonorable  oondoet,  thef  in  Mime  i 
lend  the  authority  of  the  gOTemnMat  to  the  bm  p 
of  which  they  are  accused.  They  tfaoi  afford  t 
examples,  which  discourage  the  Btmg^ea  of  virtiioiu  îniln 
pendcncc  and  cloak  with  lathoritj  the  lecret  deaigni  of 
wickedness.  If  it  be  asserted  that  evil  pasûona  are  ibimd 
in  dl  ranks  of  socie^  ;  that  lliey  ascend  the  throne  hf 
hereditary  right  ;  and  that  we  may  £nd  deapicahle  chane- 
tors  at  the  head  of  aristocratie  nations,  as  well  as  in-^Iie 
bosom  of  a  democracy,  —  the  plea  has  but  littJe  weî^it  ia 
my  estimation.  The  corruption  of  men  who  have  casoally 
risen  to  power  hoa  a  coarBe  and  rnlgar  infection  in  t^ 
wliicli  renders  it  dangerous  to  the  multitude.  On  the  coi^ 
trory,  tliere  is  a  kind  of  aristocratic  refinement,  and  an  air 
of  grandeur,  in  tiie  depravity  of  the  great,  whicli  freqnraitiy 
prevent  it  from  spreading  abroad. 

The  people  can  never  penetrate  into  the  dark  labyrinth 
of  court  intrigue,  and  will  always  have  difficulty  in  detecU 
ing  the  turpitude  which  lurks  under  elegant  manners,  re- 
fined tastes,  and  graceful  language.  But  to  pillage  the 
public  purse,  and  to  sell  the  favors  of  the  state,  are  arta 
which  the  meanest  villain  can  understand,  and  hope  to 
practise  in  liis  turn. 

Besides,  what  is  to  be  feared  ia,  not  so  much  the  immo 
rality  of  the  great,  as  tlie  fact  that  immorality  may  lead  to 
greatness.  In  a  democracy,  private  citizens  see  a  man  of 
their  own  rank  in  life,  who  rises  from  that  obscure  position 
in  a  few  years  to  riches  and  power  ;  the  spectacle  excites 
their  surprise  and  their  en^y  ;  and  they  are  led  to  inquire 
how  the  person  who  was  yesterday  their  equal,  is  to-day 
tlieir  ruler.  To  attribute  his  rise  to  his  talents  or  liis  vir- 
tues is  unpleasant  ;  for  it  is  tacitly  to  acknowledge  that 
they  are  themselves  less  virtuous  or  less  tjilcnted  tlion  he 
iras.  Tliey  are  therefore  led,  and  oflen  tightly,  to  imputa 
bîê  fioccess  nuûnly  to  some  of  his  vices;  and  an  odious 


GOVEBNUEKT.  OF  THE  DSUO(au.cr  DI  AUEBIOA.       SS9 

oonaecUon  is  thus  formed  between  die  ideas  of  toi]»- 
tode  and  power,  nnworthineBB  and  success,  atilit]r  and 
diahoDor. 

£FF0aT8    OF   WHICH    A.  DEHOCSACT  18   CAPABLB. 

Tbo  TToion  hu  only  had  one  SDuggle  hitherto  for  ita  Existence.  — Enlhn- 
sium  at  the  Commencement  of  the  War.  —  IndiKrence  towarda  iti 
Close.  —  Difflcullj  of  establilhing  Miliiniy  CoTucription  or  Impms- 
meat  of  Seamea  in  Americbi  —  Wh;  a  Demooslic  People  ii  ku  capa- 
ble than  an;  other  of  luitained  Effijrt 

I  WARN  the  reader  that  I  here  speak  of  a  govemnient 
which  follows  the  real  will  of  the  people,  and  not  of  a  gov- 
ernment which  simply  commands  in  their  name.  Kothing 
is  so  irresistible  as  a  tyrannical  power  commanding  in  the 
name  of  the  people,  because,  whilst  wielding  the  moral 
power  which  belongs  to  the  will  of  the  greater  number,  it 
acts  at  the  same  tune  with  the  quickness  and  perùatence  of 
a  single  man. 

It  is  difBcult  to  say  what  degree  of  effort  a  democratic 
government  may  be  capable  of  making  on  the  occurrence 
of  a  national  crisis.  Ko  great  democratic  republic  has 
hitherto  existed  in  the  world.  To  style  the  oligarchy 
which  ruled  over  France  in  1793  by  that  name,  would  be 
an  insult  to  the  republican  form  of  government.  The 
United  States  afford  the  first  example  of  the  kind. 

The  American  Union  has  now  subsbted  for  half  a  cen- 
tury, and  its  existence  has  only  once  been  attacked, 
namely,  during  the  War  of  Independence.  At  the  com- 
mencement of  that  long  war,  extraordinary  efforts  were 
made  with   enthusiasm   for  the  service   of  the   country.* 

*  Oae  of  the  moat  aing^olar,  in  my  opinion,  was  the  reaolation  which  Iha 
Americans  took  of  temporarilj  abandoning  ibe  hm  of  lea.  Those  who 
know  that  men  uAiall;  ding  more  to  their  habita  than  to  their  life,  will 
doobtleaa  admin  thii  great  tboogli  obfcore  noi&ce,  whtch  wm  mvla  bj  « 
whola  people. 

13  % 


tfcMt  M  iIm  contest  was  pndongad,  pnvita  — IflJm—  bqgtt 
(V  i\Mt(>|H»tu'.  No  money  tu  brouf^  mto  tlw  pnUic  tnM> 
un-  ;  têw  [«emits  could  be  niied  fiw  die  anny  ;  tlie  peupla 
atill  wished  to  acquire  independence,  bnt  voold  not  om- 
|tluv  the  only  means  by  which  it  could  be  obtained.  "Tax 
laws,"  suys  Hamiltrai,  m  the  Fedenlist  (No.  12),  "haTe  ia 
vain  been  multiplied  ;  new  methods  to  enforce  the  coUee> 
tion  have  in  vain  been  tried  ;  the  public  expectation  bas 
boon  uniformly  di8app<Hnted  ;  and  the  treasuries  of  tlie 
States  have  remained  empty,  ^e  popular  system  of  ad- 
ministration inherent  in  the  natore  of  popular  goTemmen^ 
coinciding  with  the  real  scarcity  c^  money  inddent  to  ■ 
languid  and  mutilated  state  of  trade,  has  hitherto  defiwted 
every  experiment  for  extensive  collections,  and  has  at 
length  taught  the  different  legislatures  the  folly  of  attempt- 
ing them." 

Since  that  period,  the  United  States  have  not  had  a  sin- 
gle serious  war  to  carry  on.  In  order,  therefore,  to  know 
wliat  sacrifices  democratic  nations  may  impose  upon  them- 
selves, we  must  wait  until  the  American  people  are  obliged 
to  put  half  their  entire  income  at  the  disposal  of  the  gov- 
ernment, as  was  done  by  the  English  ;  or  to  send  forth  a 
twentieth  part  of  its  population  to  the  field  of  battle,  as 
was  done  by  France. 

In  America,  the  conscription  is  unknown,  and  men  are 
induced  to  enlist  by  bounties.*  The  nodons  and  habits  of 
the  people  of  the  United  States  are  so  opposed  to  compul- 
sory recruiting,  that  I  do  not  think  it  can  ever  be  sanc- 
tioned by  the  laws.  What  is  termed  the  conscription  in 
France,  is  assuredly  the  heaviest  tax  upon  the  people  ;  yet 
how  could  a  great  Continental  war  be  carried  on  without 

*  It  is  not  entirclj  correct  to  say  that  tbe  conscription  ia  nnlcnown  in  ths 
United  Stales.  Tioopa  trers  drafted  fiom  tho  militia  occasionallj  daring 
the  ReTolntion,  and  in  the  course  of  the  war  with  England  in  IBIS.  —  Ah. 


GOVEKNUENT  OF  THE  DEUOCaXCT  IN  ÂHEBICA.       291 

it?  The  Americam  hare  not  adopted  the  British  practice 
of  impressing  seamen,  and  they  have  nothing  which  cor- 
responds to  the  French  system  of  maritime  conscription  ; 
Uie  navy,  as  well  as  the  merchant  service,  is  supplied  by 
Tolimteers.  But  it  is  not  easy  to  conceive  how  a  people 
can  sustain  a  great  maritime  war,  without  having  recourse 
to  one  or  the  other  of  these  two  systems.  Indeed,  the 
Union,  which  has  already  fought  with  honor  upon  the  seas, 
has  never  had  a  numerous  fleet,  and  the  equipment  of  ita 
few  vessels  has  always  been  veiy  expensive. 

I  have  heard  American  statesmen  confess,  that  the  Ui>* 
ion  will  with  difficult  muntain  its  power  on  the  seas, 
without  adopting  the  system  of  impressment  or  maritime 
conscription  ;  but  the  difficulty  is  to  induce  the  people, 
who  exercise  the  supreme  authority,  to  submit  to  such 
measures. 

It  is  incontestable  that,  in  times  of  danger,  a  free  people 
display  far  more  energy  than  any  other.  But  I  inchne  to 
beheve  that  thb  is  especially  true  of  those  free  nations  in 
which  the  aristocratic  element  preponderates.  Democracy 
appears  to  me  better  adapted  for  the  conduct  of  society  in 
times  of  peace,  or  for  a  sudden  effort  of  remarkable  vigor, 
than  for  the  prolonged  endurance  of  the  great  storms 
which  beset  the  political  existence  of  nations.  The  reason 
is  very  evident  ;  enthusiasm  prompts  men  to  expose  them- 
selves to  dangers  and  privations;  but  without  reflection, 
they  will  not  support  them  long.  There  is  more  calcular 
tion  even  in  the  impulses  of  braveiy,  than  is  generally 
supposed  ;  and  although  the  first  efforts  are  made  by  pas- 
sitm  alone,  perseverance  is  maintained  only  by  a  distinct 
▼iew  of  what  one  is  fighting  for.  A  portion  of  what  is 
dear  to  us  is  hazarded,  in  order  to  save  the  remainder. 

But  it  is  this  clear  perception  of  the  future,  founded 
upon  judgment  and  experience,  which  is  frequently  want- 
ing in  democracies.     The  pécule  are  moie  «çX.  \jo  W^  'Uoo^ 


292  DEMOCBior  m  iMmoi:. 

to  reason  ;  and  if  th^  prownt  ÉMPiiiiHj,»  axa  gnat,  it  û  to 
be  feared  that  the  still  greater  nififêriiigi  «tteDdant  vpaù 
defeat  will  be  forgotten. 

Another  cause  tends  to  render  the  eSarta  ct  a  àtam^ 
cratic  government  lees  perserering  limn  llioae  of  an  am- 
tocracy.  Kot  only  are  the  lower  less  awake  than  the 
bi^er  orders  to  the  good  or  evil  chanoee  of  the  fntore,  bat 
they  suffer  more  acutely  frtxn  present  privationi.  1^ 
noble  exposes  his  life,  indeed,  bat  the  chance  eS  ginxj  ii 
equal  to  the  chance  of  harm.  If  be  sacnfices  a  Urge  pco^ 
tion  of  his  income  to  the  atote,  he  deprives  himself  fiir  m 
time  of  some  of  the  pleasnres  of  affluence  ;  bat  to  the  poor 
man,  death  has  ao  glory,  and  the  impoets  which  aze 
merely  irksome  to  the  rich  often  deprive  him  of  the  necee- 
saries  of  life. 

This  relative  weakness  of  democratic  republics  in  critical 
times  ia,  perhaps,  the  greatest  obstacle  to  tlie  foundation  of 
sach  a  republic  in  Europe.  In  order  that  one  such  state 
ahould  exist  in  the  European  world,  it  would  be  necessary 
that  similar  institutions  should  be  simultaneously  intro- 
duced into  all  the  other  nations. 

I  am  of  opinion  that  a  democratic  government  tends,  in 
the  long  run,  to  increase  the  real  strength  of  society  ;  but 
it  can  never  combine,  upon  a  single  point  and  at  a  given 
time,  so  much  power  as  an  aristocracy  or  an  absolute  mon- 
archy. If  a  democratic  country  remained  during  a  whole 
century  subject  to  a  repubhcan  government,  it  would  prob- 
ably, at  the  end  of  that  period,  be  richer,  more  populous, 
and  more  prosperous,  than  the  neighboring  despotic  states. 
But  during  that  century,  it  would  often  have  incurred  the 
risk  of  being  conqnered  by  them. 


G07EBNMENT  OF  THE  DEUOORAOT  IN   AMERICA.       28B 


BEUHX>HTKOL  OF  THE  AHBRICAK  DSUOoaACT. 

The  American  People  acqnieace  ilowlj,  and  lometimes  do  not  scqnieace,  la 
what  a  beneficial  to  ita  Interali.  ■~  The  FanlU  of  the  AmericMl  De- 
mocracy are,  fyr  the  most  part,  reparable. 

The  difficulty  which  a  democracy  finds  in  eonqnering 
the  passions  and  subduing  tiia  desires  of  the  moment  fr(Ha 
a  view  to  the  future,  b  oI»errable  in  the  United  States  in 
the  most  trivial  things.  The  people,  surrounded  by  flat- 
terers, find  great  difficulty  in  snrmounting  tb^  incline 
tione  ;  whenever  they  are  required  to  undergo  a  priratitHi 
or  any  inconvenience,  even  to  attain  an  end  sanctioned  by 
their  own  rational  conviction,  they  almost  always  refuse  at 
first  to  comply.  The  deference  of  the  Americans  to  the 
laws  has  been  justly  applauded  ;  but  it  must  be  added,  that, 
in  America,  the  legislation  is  made  by  the  people  and  fiir 
the  people.  Consequently,  in  the  United  States,  the  law 
fiivors  those  classes  which  elsewhere  are  most  interested  in 
evading  it.  It  may  therefore  be  supposed,  that  an  offen- 
sive law,  of  which  the  majority  should  not  see  the  imme- 
diate utility,  would  either  not  be  enacted  or  not  obeyed. 

In  America,  there  is  no  law  agmnst  fraudulent  bank- 
ruptcies, not  because  they  are  few,  but  because  they  are 
many.  The  dread  of  being  prosecuted  as  a  bankrupt  is 
greater  in  the  minds  of  the  majority  tlian  the  fear  of  being 
ruined  by  the  bankruptcy  of  others  ;  and  a  sort  of  guil^ 
tolerance  is  extended  by  the  public  conscience  to  an  offence 
which  every  one  condemns  in  his  individual  capacity.  In 
the  new  States  of  the  Southwest,  the  citizens  generally 
take  justice  into  their  own  hands,  and  murders  are  of  fre- 
quent occurrence.  This  arises  from  the  rude  manners  and 
the  ignorance  of  the  inhabitants  of  those  deserts,  who  do 
not  perceive  the  ntility  of  strengthening  the  law,  and  who 
prefer  duels  to  prosecutions. 


204  DXHOOBAor  ni  ambhu. 

Some  one  oliserTed  to  me  one  dAj,  in  Philadelplm,  tint 
almoat  all  crimes  in  Americm  are  caosed  by  the  ■bwe  «f 
intoxicating  liqaors,  which  the  h>wer  cUssea  can  procme  in 
great  abundance  fix>m  their  cheapness.  "  How  comes  it»' 
said  I,  "  that  y<m  do  not  pnt  a  dnty  upon  brandy  T  " 
"  Our  legislators,"  rei<Hned  my  informant,  "  hare  fre- 
qaently  thought  of  this  expedient;  bat  the  task  is  diffi- 
cult: a  revolt  might  be  apprehended;  and  the  membe» 
who  should  vote  for  mch  a  lav  would  be  sure  of  loaing 
iheir  seats."  "  Whence  I  ant  to  infer,"  replied  I,  "  tliat 
drunkards  are  the  majority  in  yonr  country,  and  âiat  tem- 
perance is  unpopular." 

When  these  things  are  pointed  out  to  the  American 
statesmen,  they  answer,  "  Leave  it  to  time,  and  experi- 
ence of  the  evil  will  teach  the  people  their  true  interests." 
This  is  frequently  true  ;  though  a  democracy  is  more  liable 
to  error  than  a  monarch  or  a  body  of  nobles,  the  chances 
of  its  regaining  the  right  path,  when  once  it  has  acknowl- 
edged its  mistake,  are  greater  also  ;  because  it  is  rarely 
embarrassed  by  interests  which  conflict  with  those  of  Ae 
majority,  and  resist  the  authority  of  reason.  But  a  de- 
mocracy can  obtain  truth  only  as  the  result  of  experience  ; 
and  many  nations  may  perish  wliilst  they  are  awaiting  the 
consequences  of  their  errors.  The  great  privilege  of  the 
Americans  does  not  consist  in  being  more  enlightened  than 
other  nations,  but  in  being  able  to  repair  the  faults  they 
may  commit. 

It  must  be  added,  that  a  democracy  cannot  profit  by 
past  experience,  unless  it  has  arrived  at  a  certain  pitch  of 
knowle<ige  and  civilization.  There  are  nations  whose  first 
education  lias  been  so  vicious,  and  whose  character  pre- 
sents so  strange  a  mixture  of  passion,  ignorance,  and  erro- 
neous notions  upon  all  subjects,  that  they  are  unable  to 
discern  the  causes  of  their  own  wretchedness,  and  they  fell 
a  sacrifice  to  ills  of  which  tliey  are  ignorant. 


GOVEBNHENT  OF  THE  DEHOCBACT  IK  AHEEICA.       286 

I  have  crossed  vast  tracts  of  country  formerly  inhabited 
by  powerful  Indian  nations  who  are  now  extinct  ;  I  have 
passed  some  time  among  remnants  of  tribes,  which  wit- 
ness the  daily  decline  of  their  numbers,  and  of  the  gloiy 
of  their  independence  ;  and  I  have  heard  these  Indians 
themselves  anticipate  the  impending  doom  of  their  race. 
Every  European  can  perceive  means  which  would  rescue 
these  unfortunate  beings  from  the  destruction  otherwise 
inevitable.  They  done  are  insensible  to  the  remedy  ;  they 
feel  the  woes  which  year  after  year  heaps  upon  thor 
heads,  but  they  wi)l  perish  to  a  man  without  accepting 
the  cure.  Force  would  have  to  be  employed  to  compel 
them  to  live. 

The  incessant  revolutions  which  have  convulsed  the 
South  American  states  for  the  last  quarter  bf  a  century 
are  regarded  witii  astonishment,  and  we  are  constantly 
hoping  that,  erelong,  they  will  return  to  what  is  called 
dieir  natural  slate.  But  who  can  aiErm  that  revolutions 
are  not,  at  the  present  time,  the  most  natural  state  of  the 
South  American  Spaniards  ?  In  that  country,  society  is 
struggling  in  the  depths  of  an  abyss  whence  its  own  efforts 
are  insuflicient  to  rescue  it.  The  inhabitants  of  that  fiiir 
portion  of  the  Western  hemisphere  seem  obstinately  bent 
on  the  work  of  destroying  each  other.  If  they  fall  into 
momentary  quiet,  from  exhaustion,  that  repose  soon  pre- 
pares them  for  a  new  frenzy.  When  I  consider  tlieir  con- 
dition, alternating  between  misery  and  crime,  I  am  tempt- 
ed to  believe  that  despotism  itself  would  be  a  blessing  to 
them,  if  it  were  possible  that  the  words  despotism  and 
Uessing  could  ever  be  united  in  my  mind. 


Dtamioa  Sim  M  &•  IioidlB  M1(T  «r  te  IMHd  Bmm  by  irid*t*ft 
«  loo^fat  M  Ii|ti  IB  ihi  CiMdact  of  Amip  AiUn  j  Ihalr  A*- 


>Vb  ha^-«  seen  àtat  the  Federal  Conidtntkn  ii 
pmnanent  direction  of  the  external  intemts  of  Ae  aatÎM 
to  tht'  Preudent  and  the  Senate,*  which  tenda  in  soms  d»* 
m<e  to  detach  the  generd  fbrragn  policy  of  the  Union  fron 
Uio  diroct  conttYil  of  the  people.  It  cannot,  tbenfim,  bfe 
âssfrted  with  truth,  that  the  foreign  aâairs  of  Ute  state  né 
conducted  by  the  democracy. 

The  policy  of  America  recdyed  a  direction  from  two 
men,  —  Washington  and  Jefferson,  —  which  it  ohserves  to 
the  present  Jay.  Washington  said,  in  the  admirable  Fare- 
well Address  which  he  made  to  his  fellow-citizens,  and 
which  may  be  regarded  as  his  political  testament  :  — 

"  The  great  rule  of  conduct  for  us  in  regard  to  foreign 
natiuns  is,  in  extending  our  commercial  relations,  to  have 
with  tliem  as  little  political  connection  as  possible.  So  fer 
as  we  have  already  formed  engagements,  let  them  be  fiil- 
fillod  with  perfect  good  iàith.     Here  let  us  stop. 

"Europe  has  a  set  of  primary  interests,  which  to  ns 
have  none,  or  a  very  remote  relation.  Hence  she  must 
be  engaged  in  frequent  controversies,  the  causes  of  which 
are  essentially  foreign  to  our  concerns.  Hence,  therefore, 
it  must  be  unwise  in  ua  to  implicate  ourselves,  by  artifi- 
cial ties,  in  the  ordinary  vicissitudes  of  her  politics,  or  the 

•  "The  rresidcnt,"  tajs  llio  Constilntion,  Art.  11.  Bed.  S,  §  a,  "ihall 
have  power,  l>v  nnd  witli  the  advira  and  romiciit  of  Ule  Senate,  to  nuke 
Owalies.  provided  tnro  lliirda  of  the  Senntore  pre»enl  eoncor."  The  reader 
!■  reminded  ihni  tlic  Senators  are  returned  for  a  term  uf  six  jcars,  and  thai 
fbty  ans  ehu^suD  bv  the  legùliUum  of  each  State. 


OOVEBNMENT  Of  THE  DEUOCBACT  IN  AUEEICA.       297 

ordinaiy  combinations  and  collisions  of  her  friendships  or 
enmities. 

"  Our  detached  and  distant  situation  invites  and  enables 
oa  to  pursue  a  different  course.  If  we  remain  one  people, 
under  an  efficient  government,  the  period  is  not  firr  off 
when  we  may  defy  material  injury  from  external  annoys 
ance  ;  when  we  may  take  such  an  attitude  as  will  cause 
the  neutrality  we  may  at  any  time  resolve  npon  to  be 
scrupulously  respected  ;  when  belligerent  Dations,  under 
the  impossibihty  of  mailing  acquisitions  npon  us,  will  not 
lightly  hazard  the  giving  us  provocation  ;  when  we  m^ 
choose  peace  or  war,  as  our  interest,  guided  by  justice, 
shall  counsel. 

"  Why  forego  the  advantages  of  so  peculiar  a  situation  ? 
Why  quit  our  own  to  stand  upon  foreign  ground  ?  Why, 
by  interweaving  our  destiny  with  that  of  any  part  of  Eu- 
rope, entangle  our  peace  and  prosperity  in  the  t<Mls  of 
European  ambition,  rivalship,  interest,  humor,  or  caprice  ? 

"  It  is  our  true  policy  to  steer  clear  of  permanent  alli- 
ances with  any  portion  of  the  foreign  world,  —  so  far,  I 
mean,  as  we  are  now  at  liberty  to  do  it  ;  for  let  me  not  be 
understood  as  capable  of  patronizing  infidelity  to  existing 
engagements.  I  hold  the  maxim  no  less  applicable  to  pub- 
he  than  to  private  affairs,  that  honesty  is  always  the  best 
policy.  I  repeat  it,  therefore,  let  those  engagements  be 
observed  in  their  genuine  sense  ;  but  in  my  opinion  it  is 
unnecessary,  and  would  be  unwise,  to  extend  them. 

"  Taking  care  always  to  keep  ourselves,  by  suitable  ev 
tablishmcnts,  in  a  respectable  defensive  posture,  we  may 
safely  trust  to  temporary  alliances  for  extraordinary  emer- 
gencies." 

In  a  previous  part  of  the  same  Address,  Washington 
makes  this  admirable  and  just  remark:  "The  nation  which 
indulges  towards  another  an  halntual  hatred,  or  an  babit- 
ual  fondness,  is  in  some  degree  a  slave.     It  û  &  «\&'v«  \o  V& 


animosity  or  to  its  Bfiectioa,  tsÛier  of  irtàHi  k  ■ 
lca<l  it  astray  from  its  dn^  and  its  mterest." 

The  [tulitical  condoct  <^  Washington  was  alwi^  gnided 
bv  tlii'si'  maxims.  He  Bncceeded  in  T"'"*""'"g  lua  rtnnn 
In*  it)  11  xt^^  <^  peace  whilst  all  the  other  nations  of  Uw 
pliiW  wore  at  war  ;  and  he  laid  it  down  aa  a  fondamenlal 
tUH'triiio,  that  the  tme  interest  ol  the  Americans  c 
in  a  perfect  neutrality  with  regard  to  the  întenutl  di 
vitinx  of  the  European  powers. 

Jt'tierson  went  still  fiirther,  and  introdnced  this  * 
mnxirn  into  the  policy  <^  the  nnion,~that  "the  J 
ieaiiH  oi]ght  never  to  solicit  any  privil^ea  from  fcidpi 
nntidiia,  in  order  not  to  be  obliged  to  grant  similar  privt 
lejjes  themselves." 

These  two  principles,  so  plain  and  jnst  as  to  be  easily 
nnilorstood  by  the  people,  have  greatly  simplified  the  for- 
nign  policy  of  the  United  States.  As  the  Union  takes  do 
part  in  the  affairs  of  Europe,  it  has,  properly  speaking,  no 
foreign  interests  to  discuss,  since  it  has,  as  yet,  no  powerful 
neighbors  on  the  American  continent.  The  country  b  as 
much  removed  from  the  passions  of  the  Old  World  by  its 
position  as  by  its  wishes,  and  it  is  neither  called  upon  to 
repudiate  nor  to  espouse  them  ;  whilst  the  dissensions  of 
the  New  World  are  still  concealed  witliin  the  bosom  of  the 
future. 

The  Union  is  free  fivm  all  pre-existing  obligations  ;  it 
can  profit  by  the  experience  of  the  old  nations  of  Europe, 
without  being  obliged,  as  they  are,  to  make  the  best  of  the 
past,  and  to  adapt  it  to  their  present  circumstances.  It  is 
not,  like  tlicm,  compelled  to  accept  an  immense  inheritance 
bequeatlied  by  their  forefethers,  —  an  inheritance  of  gloiy 
mingled  witli  calamities,  and  of  alliances  conflicting  with 
national  antipathies.  Tlie  foreign  policy  of  the  United 
States  is  eminently  expectant  ;  it  consists  more  in  abstaio» 
iiig  than  in  acting. 


OOTEBKMEMT  OF  THE  DEMOCRACT  DI  AUERICA.       399 

It  is  therefore  very  difEcolt  to  aacertdn,  at  present,  what 
degree  of  sagacity  the  American  democracy  will  display  in 
the  conduct  of  the  foreign  policy  of  the  conntiy;  upon 
this  point,  its  adversaries  as  well  as  its  friends  must  sn»- 
pend  their  judgment.  As  for  myself,  I  do  not  hesitate  to 
say  that  it  is  especially  in  the  conduct  of  their  foreign  rela- 
tions that  democracies  appear  to  me  decidedly  inferior  to 
other  governments.  Experience,  instruction,  and  habit  al- 
most always  succeed  in  creating  in  a  democracy  a  homely 
species  of  practical  wisdom,  and  that  science  of  the  petty 
occurrences  of  life  which  is  called  good  sense.  Good  sense 
may  suffice  to  direct  the  ordinary  course  of  society  ;  and 
amongst  a  people  whose  education  is  completed,  the  advan- 
tages of  democratic  liberty  in  the  internal  affairs  of  the 
country  may  more  than  compensate  for  the  evils  inherent 
in  a  democratic  government.  But  it  is  not  always  so  in 
the  relations  with  foreign  nations. 

Foreign  politics  demand  scarcely  any  of  those  qualities 
which  are  peculiar  to  a  democracy  ;  they  require,  on  the 
contrary,  the  perfect  use  of  almost  all  those  in  which  it  ii 
deficient.  Democracy  is  favorable  to  the  increase  of  the 
internal  resources  of  a  state  ;  it  difiiises  wealth  and  com- 
fort, promotes  public  spirit,  and  fortifies  the  respect  for  law 
in  all  classes  of  society  :  all  these  are  advantages  which 
have  only  an  indirect  influence  over  the  relations  which 
one  people  bears  to  another.  But  a  democracy  can  only 
with  great  difficulty  regulate  the  details  of  an  important 
undertaking,  persevere  in  a  fixed  design,  and  work  out  it« 
execution  in  spite  of  serious  obstacles.  It  cannot  combine 
its  measures  with  secrecy,  or  await  their  consequences  with 
patience.  These  are  qualities  which  more  especially  be- 
long to  an  individual  or  an  aristocracy  ;  and  they  are  pre- 
cisely the  qualities  by  which  a  nation,  like  an  individual, 
attains  a  dominant  position. 

If,  on  the  contraiy,  we  observe  the  natural  ds^cK^X^  <jli 


800  DSMOORAOT  Of  àMEBDA. 


>    fw 


aristocracy,  we  ahall  find  dwt,  compHradTvIy  ipQakfaig^ 
they  do  not  injure  the  directkm  of  the  cxtenMd  afiUci  .«Cl 
the  state.  The  capital  ftnlt  of  which  aristocradea  naj  fan 
accused  is,  that  they  work  fer  theouelveB,  and  not  toot  tb» 
people.  In  foreign  politics,  it  is  rare  for  the  interaat  of  An 
aristocracy  to  be  distinct  firom  that  of  the  people. 

The  propensity  which  induces  democradea  to  dbej  iflfc» 
pulse  rather  than  prudence,  and  to  abandon  a  matoxe  dia^ 
sign  for  the  gratification  of  a  momentary  pasnioin,  waa 
clearly  seen  in  America  on  the  breaking  oat  <^  the  Fran^^ 
Revolution.  It  was  then  as  evidmt  to  the  simpleat  cafMMai- 
ty,  as  it  is  at  the  present  time,  that  the  interest  of  lifav 
Americans  forbade  them  to  take  any  part  in  the  ooniariE 
which  was  about  to  deluge  Europe  with  blood,  but  which 
could  not  injure  their  own  country.  But  the  sympathies 
of  the  people  declared  themselves  with  so  much  violence  in 
fiivor  of  France,  that  nothing  but  the  inflexible  character 
of  Wasliington,  and  the  immense  popularity  which  he  en- 
joyed, could  have  prevented  the  Americans  from  declaring 
war  against  England.  And  even  then,  the  exertions  which 
the  austere  reason  of  that  great  man  made  to  repress  the 
generous  but  imprudent  passions  of  his  fellow-citizens  near- 
ly deprived  him  of  the  sole  recompense  wliich  he  ever 
claimed,  —  that  of  his  country's  love.  The  majority  rep- 
robated his  policy,  but  it  was  afterwards  approved  by  the 
whole  nation.* 

*  Sco  the  fifth  volume  of  Marshall's  "  Life  of  Washington."  "  In  a 
government  constituted  like  that  of  the  United  States/'  ho  says,  "  it  is  im- 
possible for  the  chief  magistrate,  however  firm  he  may  be,  to  oppose  for  any 
length  of  time  the  torrent  of  popular  opinion  ;  and  the  prevalent  opinion  of 
tliat  day  seemed  to  incline  to  war.  In  fact,  in  the  session  of  Congress  held 
at  the  time,  it  was  frequently  seen  that  Washington  had  lost  the  m^joritJ  in 
the  House  of  Representatives."  The  violence  of  the  language  used  against 
him  in  public  was  extreme,  and,  in  a  political  meeting,  they  did  not  scmple 
to  compare  him  indirectly  with  the  traitor  Arnold.  "  By  the  opposition," 
iajB  Manhall,  "  the  friends  of  the  administration  were  declared  to  be  an 


GOVERNUENT  OF  TBE  DEUOCBAOT  M  AHEBICA.       801 

K  the  Constitution  ami  the  &Tor  of  the  public  had  not 
intrusted  the  direction  of  the  foreign  affairs  of  the  coontiy 
to  Washington,  it  is  certain  that  the  Americiin  nation 
would  at  that  time  have  adopted  the  very  measures  which 
it  now  condemns. 

Almost  all  the  nations  which  have  exercised  a  powerful 
influence  upon  the  destinies  of  the  world,  by  conceiving, 
following  out,  and  executing  vast  designs,  Jrom  the  Romans 
t»  the  EngUsh,  have  been  governed  by  aristocratic  insti- 
tutions. Nor  will  this  be  a  anbject  of  wonder,  when  we 
recollect  that  nodiing  in  the  world  has  so  absolnte  a  fixity 
of  purpose  as  an  aristocracy.  The  mass  of  the  people  may 
be  led  astray  by  ignorance  or  passion  ;  the  mind  of  a  king 
may  be  biassed,  and  made  to  vacillate  in  his  designs,  and, 
besides,  a  king  is  not  immortal.  But  an  aristocratic  body 
is  too  numerous  to  be  led  astray  by  intrigue  ;  and  yet  not 
nmnerous  enough  to  yield  readily  to  the  intoxication  of 
anreflecting  passion.  An  aristocracy  is  a  firm  and  ea- 
Hghtened  individual  that  never  dies. 

■rigtocnlic  and  corrupt  ftccion,  who,  from  a  deaire  to  iotrodnce  monuclij, 
were  hoatite  lo  France,  and  nnder  the  influence  of  Britain  ;  that  thej  were 
A  paper  nobility,  whose  eiti«me  setiaibilit;  at  «very  meware  «bich  thrMt- 
ened  the  fiindi  induced  a  tame  labminiDn  to  iiynrica  and  inialU  wtiich  thn 
faUeretti  and  honor  of  the  nation  reqnind  them  to  renit." 


I 


miOCIAOT  or  AUHOL 


CHAPTER  XIV, 


BEFORE  entering  upon  the  present  chi^rter,  I  nmrt 
remind  the  reader  of  what  I  have  more  than  once  ob* 
served  in  this  bode.  The  political  constitation  of  the  United 
States  appears  to  me  to  be  one  of  the  forms  of  govrarmient 
which  a  democracy  may  adopt  ;  but  I  do  not  regard  the 
American  Constitution  as  the  best,  or  as  the  only  one, 
which  a  democratic  people  may  establish.  In  showing  the 
advantages  which  the  Americans  derive  from  the  govern- 
ment of  democracy,  I  am  therefore  very  iàr  from  affirming, 
or  believing,  that  similar  advantages  can  be  obtained  only 
from  the  same  laws. 


OEIŒRAL  TENDENCY  OF  THE  LAWS  tJNDER  THE  AHEBICAV 
DEMOCaACT,  AND  INSTINCTS  OP  THOSE  WHO  APPLY 
THEH. 

DeTecta  of  a  Democratic  GoTcrnmcnt  easf  to  be  discorered.  —  In  AdTui- 
tagcï  discerned  on]]r  by  long  OburraiioD.  —  Dcmocncj  in  America 
often  inespcrt,  bat  the  general  Tendency  of  tbe  Lavi  is  ainatagaoïiM. 
—  In  the  American  Democracy,  Pablic  Officen  bave  no  Fennanenl  In. 
tercsti  diatiDct  from  tho«e  of  the  Majority.  — Bcialcs  of  thi«  Stue  of 
Things. 

The  defects  and  weaknesses  of  a  democratic  govern- 
ment may  readily  be  discovered  ;  they  are  demonstrated  by 
flagrant  instances,  whilst  its  salntary  influence  is  insensible, 
and,  BO  to  speak,  occult.    A  glance  suffices  to  detect  its 


ADVAHTAOES  OF  DEHOCKACT.  808 

fiuilts,  bat  its  good  qualities  can  be  discerned  only  hj  long 
observation.  The  laws  of  the  American  democracy  are 
frequently  defective  or  incomplete  ;  they  sometimes  attack 
vested  rights,  or  sanction  others  which  are  dangerous  to 
the  community  ;  and  even  if  they  were  good,  their  fre- 
quency would  still  be  a  great  evil.  How  comes  it,  then, 
that  the  American  republics  prosper  and  continue  ? 

In  the  consideration  of  laws,  a  distinction  must  be  care- 
fully observed  between  the  end  at  which  they  aim,  and  the 
means  by  which  they  pursue  that  end  ;  between  their  al>- 
solute  and  their  relative  excellence.  If  it  be  the  intention 
of  the  le^Iator  to  &vor  the  interests  of  the  minority  at 
the  expense  of  the  majority,  and  if  the  measures  he  takes 
are  so  combined  us  to  accomplish  the  object  he  has  in  view 
with  the  least  possible  expense  of  time  and  exertion,  the 
law  may  be  well  drawn  up,  although  its  purpose  is  bad  ; 
and  the  more  efficacious  it  is,  the  more  dangerous  it 
will  be. 

Democratic  laws  generally  tend  to  promote  the  wel&re 
of  the  greatest  possible  number  ;  for  they  emanate  from 
the  majority  of  the  citizens,  who  are  subject  to  error,  but 
.  who  cannot  have  an  interest  opposed,  to  their  own  advan- 
tage. The  laws  of  an  aristocracy  tend,  on  the  contrary, 
to  concentrate  wealth  and  power  in  the  hands  of  the 
minority  ;  because  an  aristocracy,  by  its  very  nature,  con- 
stitutes a  minority.  It  may  therefore  be  asserted,  as  a 
general  proposition,  that  the  purpose  of  a  democracy  in 
its  legislation  is  more  useM  to  humanly  than  that  of  an 
aristocracy.  This  is,  however,  the  sum  total  of  its  ad- 
vantages. 

Aristocracies  are  infinitely  more  expert  in  the  science  of 
legislation  than  democracies  ever  can  be.  They  are  pos- 
sessed of  a  self-control  which  protects  them  from  the  error» 
of  temporary  excitement  ;  and  they  form  fer^reaching  de- 
signs, which  they  know  how  to  mature  till  Bl  ^lotiliiA 


804  DEMOCRACY  IN  AMERICA. 

opportunity  arrives.  Aristocratic  govemment  proceeds 
with  the  dexterity  of  art  ;  it  understands  how  to  make  the 
collective  force  of  all  its  laws  converge  at  the  same  time  to 
a  given  point.  Such  is  not  the  case  with  democracies, 
whose  laws  are  almost  always  ineffective  or  inopportune. 
The  means  of  democracy  are  therefore  more  imperfect  than 
those  of  aristocracy,  and  the  measures  which  it  unwittin^y 
adopts  are  frequently  opposed  to  its  own  cause  ;  but  the 
object  it  has  in  view  is  more  useful. 

Let  us  now  imagine  a  community  so  organized  by  nap 
ture,  or  by  its  constitution,  that  it  can  support  the  tcann- 
tory  action  of  bad  laws,  and  that  it  can  await,  without 
destruction,  the  general  tendency  of  its  legislation  :  we  shaS 
then  conceive  how  a  democratic  government,  notwithstand- 
ing its  faults,  may  be  best  fitted  to  produce  the  prosperity 
of  this  community.  This  is  precisely  what  has  occurred 
in  the  United  States;  and  I  repeat,  what  I  have  before 
remarked,  that  the  great  advantage  of  the  Americans  con- 
sists in  their  being  able  to  commit  faults  which  they  ma 
afterwards  repair. 

An  analogous  observation  may  be  made  respecting  pu 
lie  officers.     It  is  easy  to  perceive  that  the  American  d 
mocracy  frequently  errs  in  tlie  choice  of  the  indi\'iduals 
whom  it  intrusts  the  power  of  the  administration  ;  but  i 
is  more  difficult  to  say  why  the  state  prospers  imder  thei 
rule.     In  the  fii'st  place,  it  is  to  be  remarked,  that  if,  in  m 
democratic  state,  the  governors  have  less  honesty  and  les^ 
capacity  than  elsewhere,  the  governed  are  more  enlight- 
ened and  more  attentive  to  their  interests.     As  the  people 
in  democracies  are  more  constantly  vigilant  in  their  affairs, 
and  more  jealous  of  their  rights,  they  prevent  their  repre- 
sentatives from  abandoning  that  general  line  of  conduct 
which  their  own  interest  prescribes.     In  the  second  place, 
it  must  be  remembered,  that,  if  the  democratic  magistrate  is 
more  apt  to  misuse  his  power,  he  possesses  it  for  a  shorter 


ADVAMTAQES  OF  DEUOOUCT.  305 

time.  But  there  is  yet  another  reason  which  is  still  more 
general  and  conclusive.  It  is  do  doubt  of  importance  to 
the  welfare  of  nations  that  they  should  be  governed  by 
men  of  talents  and  virtue  ;  but  it  is  perhaps  still  more  im- 
portant for  them  that  the  interests  of  those  men  should  not 
differ  from  the  interests  of  the  community  at  large  ;  for  if 
mcb  were  the  case,  thrâr  virtues  might  become  almost  use- 
less, and  their  talents  might  be  turned  to  a  bad  account.  I 
have  s^d  that  it  b  important  that  the  interests  of  the  per- 
sons in  authority  should  not  differ  from  or  oppose  the  in- 
terests of  the  community  at  large  ;  hut  I  do  not  insist  upoa 
their  having  the  same  interests  as  the  whAe  population, 
because  I  am  not  aware  that  such  a  state  of  things  ever 
existed  in  any  country. 

No  political  form  has  hitherto  been  discovered  which  is 
equally  favorable  to  the  prosperity  and  the  development  of 
all  the  classes  into  which  society  is  divided.  These  classes 
continue  to  form,  as  it  were,  so  many  distinct  communities 
in  the  same  nation  ;  and  experience  has  shown  that  it  is  no 
less  dangerous  to  place  the  &te  of  these  classes  exclusively 
in  the  hands  of  any  one  of  them,  than  it  is  to  make  one 
people  the  arbiter  of  the  distiny  of  another.  When  the 
rich  alone  govern,  the  interest  of  the  poor  is  always  endan- 
gered ;  and  when  the  poor  make  the  laws,  that  of  the  rich 
incurs  very  serious  risks.  The  advantage  of  democracy 
does  not  consist,  therefore,  as  baa  sometimes  been  asserted, 
in  fevoring  tlie  prosperity  of  all,  but  simply  in  contributing 
to  the  well-being  of  the  greatest  number. 

The  men  who  are  intrusted  with  the  direction  of  public 
tSaln  in  the  United  States  are  frequently  inferior,  both  in 
capacity  and  morality,  to  those  whom  an  aristocracy  would 
raise  to  power.  But  their  interest  is  identified  and  con- 
founded Willi  that  of  the  majority  of  their  fellow-cidzens. 
They  may  frequently  be  taitlJess,  and  frequently  mistakes; 
bnt  they  will  never  systematically  adopt  a  line  of  « 


806  DEMOGBACT  Ul  AMEUGA. 

hostile  to  the  majority  ;  and  th^  cannot  ffre  a  âangamia 
or  exclusive  tendency  to  the  goremment. 

The  maladministration  of  a  democratic  ma^^ttmtBi  biomk 
over,  is  an  isolated  fiwt,  which  has  mfluonce  only  dmiag 
the  short  period  for  which  he  is  elected.  Corraption  and 
incapacity  do  not  act  as  common  interests,  which  may  con- 
nect men  permanently  with  one  another.  A  cormpt  or 
incapable  magistrate  wiU  not  concert  his  measures  with 
another  magistrate,  simply  because  the  latter  is  as  corrapt 
and  incapable  as  himself;  and  these  two  men  will  neyer 
unite  their  endeavors  to  promote  the  corruption  and  inap* 
titude  of  their  remote  posterity.  The  ambition  and  the 
manœuvres  of  the  one  will  serve,  on  the  contrary,  to  mir 
mask  the  other.  The  vices  of  a  ma^trate,  in  democratic 
states,  are  usually  wholly  personal. 

But  imder  aristocratic  governments,  public  men  are 
swayed  by  the  interest  of  their  order,  which,  if  it  is  some- 
times confounded  with  the  interests  of  the  majority,  is  very 
frequently  distinct  from  them.  This  interest  is  the  com- 
mon and  lasting  bond  which  unites  them  together  ;  it  in- 
duces them  to  coalesce  and  combine  their  efforts  to  attain 
an  end  which  is  not  always  the  happiness  of  the  greatest 
number  :  and  it  serves  not  only  to  connect  the  persons  in 
authority  witli  each  other,  but  to  unite  them  with  a  consid- 
erable portion  of  the  community,  since  a  numerous  body 
of  citizens  belong  to  the  aristocracy,  without  being  invested 
with  official  functions.  The  aristocratic  magistrate  is  there- 
fore constantly  supported  by  a  portion  of  the  community, 
as  well  as  by  the  government  of  wliich  he  is  a  member. 

The  common  purpose  which,  in  aristocracies,  connects 
the  interest  of  the  magistrates  >vith  that  of  a  portion  of  their 
contemporaries,  identifies  it  also  vnih  that  of  friture  genera- 
tions ;  they  labor  for  the  friture  as  well  as  for  the  present. 
The  aristocratic  mjijnstrate  is  urcjed  at  the  same  time, 
towards  the  same  point,  by  the  passions  of  the  community. 


ADVANTAGES  OF  DBMOCBACT.  307 

W  his  own,  and,  I  may  almost  add,  by  those  of  his  poster- 
ity. Is  it,  then,  ■wonderfiil  that  he  does  not  resist  such 
repeated  impulses?  And,  indeed,  aristocracies  are  often 
carried  away  by  their  class-spirit,  without  being  corrupted 
hj  it  ;  and  they  unconaciously  fashion  society  to  their  own 
ends,  and  prepare  it  for  their  own  descendants. 

The  English  aristocracy  ia  perhaps  the  most  liberal 
which  has  ever  existed,  and  no  body  of  men  has  ever, 
uninterruptedly,  fiimished  bo  many  honorable  and  enlight^ 
ened  individuals  to  the  government  of  a  country.  It  can- 
not, however,  escape  observation,  that,  in  the  legislation  of 
England,  the  interests  of  the  poor  have  been  often  sacri- 
ficed to  the  advantage  of  the  rich,  and  the  rights  of  the 
majority  to  the  pri^-ileges  of  a  few.  The  consequence  ts, 
that  England,  at  the  present  day,  combines  the  extremes 
ol  good  and  evil  fortune  in  the  bosom  of  her  society  ;  and 
the  miseries  and  privations  of  her  poor  almost  equal  her 
power  and  renown. 

In  the  United  States,  where  the  pabh'c  officers  have  no 
class-interests  to  promote,  the  general  and  constant  influ- 
ence of  the  government  is  beneficial,  although  the  individ- 
uals who  conduct  it  are  fi-equently  unskilfiil,  and  sometimes 
contemptible.  There  is,  indeed,  a.  secret  tendency  in  dem- 
ocratic institutions,  which  makes  the  exertions  of  the  citi- 
zens subservient  to  the  prosperity  of  the  community,  in 
spite  of  their  vices  and  mistakes  ;  whilst  in  aristocratic 
institutions,  there  is  a  secret  bias,  which,  notwithstanding 
the  talents  and  virtues  of  those  who  conduct  the  govern- 
ment, leads  them  to  contribute  to  the  evils  which  oppress 
their  fellow-creatures.  In  aristocratic  governments,  public 
men  may  frequently  do  harm  without  intending  it  ;  and  in 
democratic  states,  they  bring  about  good  results  which  th^ 
never  thought  of. 


808  DEMOCBACY  IN  AMERICA. 

PUBLIC  SPIRIT  IN  TSE  UNITED   STATES. 

InstinQtiye  Patriodsm.  —  Patriotism  of  Reflection.  —  Their  dîfièrent  Cliaiw 
acteristics.  —  Nations  ought  to  strive  to  acquire  the  second  when  the  fin! 
has  disappeared.  —  Efforts  of  the  Americans  to  acquire  it  —  Interest  of 
the  Individual  intimately  connected  with  that  of  the  Conntrf. 

There  is  one  sort  of  patriotic  attachment,  which  princi- 
pally arises  £rom  that  instinctive,  disinterested,  and  undo» 
finable  feeling  which  connects  the  affections  of  man  w^tb 
his  birthplace.     This  natural  fondness  is  united  with  a  taste 
for  ancient  customs,  and  a  reverence  for  traditions  of  the 
past  ;  those  who  cherish  it  love  their  country  as  they  love 
the  mansion  of  their  fathers.     They  love  the  tranquillitj 
which  it  affords  them  ;  they  cling  to  the  peaceful  liabits 
which  they  have  contracted  within  its  bosom  ;   tliey  are 
attached  to  the  reminiscences  which  it  awakens  ;  and  they 
are  even  pleased  by  living  there  in  a  state  of  obedienc< 
This  patriotism  is  sometimes  stimulated  by  religious  enthu- 
siasm, and  then  it  is  capable  of  making  prodigious  efforts—  ^ 
It  is  in  itself  a  kind  of  rehgion  :  it  does  not  reason,  but  \W^  - 
acts  from  the  impulse  of  faith  and  sentiment.     In  some  m 
tiens,  the  monarch  is  regarded  as  a  personification  of  th< 
country  ;  and,  the  fervor  of  patriotism  being  converted  int< 
the  fervor  of  loyalty,  they  take  a  sympathetic  pride  in 
conquests^  and  glory  in  his  power.     There  was  a  time—  ^ 
under  the  ancient  monarchy,  when  the  French  felt  a  sorfc^ 
of  satisfaction  in  the  sense  of  their  dependence  upon  the^ 
arbitrary  will  of  their  king  ;  and  they  were  wont  to  say 
with  pride,  "  We  live  under  the  most  powerful  king  in  the 
world." 

But,  like  all  instinctive  passions,  this  kind  of  patriotism 
incites  great  transient  exertions,  but  no  continuity  of  effort. 
It  may  save  the  state  in  critical  circumstances,  but  often  al- 
lows it  to  decline  in  times  of  peace.  Whilst  the  manners 
of  a  people  are  simple,  and  its  faith  unshaken,  —  whilst 


ADVANTAGES   OP  DEMOCEACT.  809 

society  is  Bteadily  based  apon  traditional  institutions,  wLose 
legitimacy  has  never  been  contested,  —  this  instinctive  pa- 
tiiotisni  is  wont  to  endure. 

But  there  is  another  species  of  attachment  to  country, 
which  is  more  rational  than  the  one  we  havo  been  describ- 
ing. It  is,  perhaps,  less  generous  and  less  ardent,  but  it  is 
more  fruitful  and  more  lasting:  it  springs  from  knowledge  ; 
it  is  nurtured  by  the  laws  ;  it  grows  by  the  exercise  of  civil 
rights  ;  and,  in  the  end,  it  is  confounded  with  the  personal 
interests  of  tlie  citizen.  A  num  comprehenda  Jhe  influence 
wbjph  tbp  wyll-t^ipg  ofjiis  country  has  upon  his  own  ;  he  is 
aware  that  the  laws- permit  him  to  contribute  to  that  pros- 
peritj-,  and  h^Jaben  to  promote  it,  at  first  because  it  bene- 
fits him,  andjgcondly  bocauso  it-ia.in.part  liiicyvn  work. 

But  epochs  sometimes  occur  in  the  life  of  a  nation, 
when  the  old  customs  of  a  people  are  changed,  public  mo- 
rality is  destroyed,  religious  belief  shaken,  and  the  spell  of 
tradition  broken,  whilst  the  diffusion  of  knowledge  is  yot 
imperfect,  and  the  civil  rights  of  the  community  are  ill 
secured,  or  confined  within  narrow  limits.  The  country 
then  assumes  a  dim  and  dubious  shape  in  the  eyes  of  the 
citizens;  they  no  longer  behold  it  in  the  soil  which  they 
inhabit,  for  that  soil  is  to  them  an  inanimate  clod  ;  nor  in 
the  usages  of  their  forefethers,  which  they  have  learned  to 
regard  as  a  debasing  yoke  ;  nor  in  religion,  for  of  that  tliey 
doubt;  nor  in  the  laws,  which  do  not  originate  in  their 
own  authority  ;  nor  in  the  legislator,  whom  they  fear  and 
despise.  The  country  is  lost  to  their  senses  ;  they  can 
neither  discover  it  under  its  own  nor  under  borrowed  fea;- 
tures,  and  they  retire  into  a  narrow  and  unenlightened 
selfishness.  They  are  emancipated  from  prejudice,  with- 
out having  acknowledged  the  empire  of  reason  ;  they  have 
neither  the  instinctive  patriotism  of  a  monarchy,  nor  the 
reflecting  patriotism  of  a  republic  ;  but  they  have  stopped 
between  the  two  in  the  midst  of  confusiou  audL  ^\&\x«a&. 


810  DEMOCBAGY  IN  ÂMEBIGA.   . 

In  this  predicament,  to  retreat  is  impossible  ;  for  a  people 
cannot  recover  the  sentiments  of  their  youth,  any  more 
than  a  man  can  return  to  the  innocent  tastes  of  childhood  : 
such  things  may  be  regretted,  but  tliey  cannot  be  renewed. 
They  must  go  forward,  and  accelerate  the  union  of  private 
with  pubUc  interests,  since  the  period  of  disinterested  pa;- 
triotism  is  gone  by  forever. 

I  am  certainly  far  from  affirming,  that,  in  order  to  obtain 
this  result,  the  exercise  of  poUtical  rights  should  be  imme- 
diately granted  to  all  men.  But  I  maintain  that  the  mast 
powerful,  and  perhaps  the  only,  mesms  which  we  still  po^ 
À  sess  of  interesting  men  in  the  welfare  ot  their  country,  is 
to  make  them  partakers  in  the  government.  At  the  pres- 
ent time,  civic  zeal  seems  to  me  to  be  inseparable  from  the 
exercise  of  political  rights  ;  and  I  think  that  the  number 
of  citizens  will  be  found  to  augment  or  decrease  in  Europe 
in  proportion  as  those  rights  are  extended. 

How  happens  it  that  in  the  United  States,  where  the 
inhabitants  arrived  but  as  yesterday  upon  the  soil  which 
they  now  occupy,  and  brought  neither  customs  nor  tradi- 
tions with  them  there  ;  where  they  met  each  other  for  the 
first  time  with  no  previous  acquaintance  ;  where,  in  short, 
the  instinctive  love  of  country  can  scarcely  exist  ;  —  how 
happens  it  that  every  one  takes  as  zealous  an  interest  in 
the  affairs  of  liis  township,  his  county,  and  the  whole  State, 
as  if  they  were  his  own  ?  It  is  because  every  one,  in  his 
sphere,  takes  an  active  part  in  the  government  of  society. 

The  lower  orders  in  the  United  States  understand  the 
influence  exercised  by  the  general  prosperity  upon  their 
own  welfare  ;  simple  as  this  observation  is,  it  is  too  rarely 
made  by  the  people.  Besides,  they  are  wont  to  regard  tliis 
prosperity  as  the  fruit  of  their  own  exertions.  The  citizen 
looks  upon  tlie  fortune  of  the  public  as  his  own,  and  he 
labors  for  the  good  of  the  State,  not  merely  from  a  sense 
of  pride  or  duty,  but  from  what  I  venture  to  term  cupidity. 


ADTANTAOES  OF  DEUOCBACY.  Sll 

It  is  unnecessaiy  to  study  the  insdtutions  and  the  histoiy 
of  the  Americans  in  order  to  know  the  truth  of  this  r^ 
mark,  for  their  manners  render  it  sufficiently  evident.  As 
the  American  participates  in  all  that  is  done  in  his  countiy^ 
he  thi  nks  MaBelf  obliged'  to  defend  whatever  may  be  cen- 
sored in  it  ;  fer  it  is  not  only  his  country  which  is  then 
attacked,  it  is  himself.  The  consequence  is,  that  his  na- 
tional pi'ido  resorts  to  a  thousand  artifices,  and  descends  to 
all  the  petty  tricks  of  personal  vanity. 

Nothing  is  more  embarrassing.  In  the  ordinary  inter- 
course of  life,  than  this  irritable  patriotism  of  the  Ameri- 
cans. A  stranger  may  be  well  inclined  to  praise  many  of 
the  institutions  of  their  country,  but  he  begs  permission  to 
blame  some  things  in  it, — a  permission  which  is  inexorably 
refused,  America  is  therefore  a  free  country,  in  which, 
lest  anybody  should  be  hurt  by  your  remarks,  you  are  not 
allowed  to  speak  freely  of  private  individuals,  or  of  the 
state;  of  the  citizens,  or  of  the  authorities;  of  public  or 
of  private  undertakings  ;  or,  in  siiort,  of  anything  at  all, 
except,  perhaps,  the  climate  and  the  soil  ;  and  even  then, 
Americans  will  be  found  ready  to  defend  both,  as  if  they 
had  concurred  in  producing  them. 

In  our  times,  we  must  choose  between  the  patriotism 
of  all  and  the  government  of  a  few  ;  for  the  social  force 
and  acti\-ity  wliich  the  first  confers  are  in-econcilable  with 
the  pledges  of  tranquillity  which  are  given  by  the  second. 


NOnO!»    OF   RIGHTS  IM   THE    DNITED   STATES. 

Ho  ei«iit  People  wiibnat  a  Notion  of  Bight.  —  How  the  Notion  of  Rigbt 
can  bo  given  to  a  People.  —  Kcspect  for  Right  in  the  United  St«M«.— 
Wbcnce  it  uiaea. 

After  the  general  idea  of  virtue,  I  know  no  higher 
principle  than  that  of  right  ;  or  rather  these  two  ideas  are 
tmited  in  one.    The  idea  of  right  ia  aimçVy  <JaaX  (£  nSxIou^ 


812  DEMOCRACY  IN  AMERICA. 

introduced  into  the  political  world.  It  was  the  idea  of  right 
which  enabled  men  to  define  anarchy  and  tyranny;  and 
which  taught  them  how  to  be  independent  without  arro- 
gance, and  to  obey  without  servility.  The  man  who  5nl>- 
mits  to  violence  is  debased  by  his  compliance  ;  but  wh^ 
he  submits  to  that  right  of  authority  which  he  acknowl- 
edges in  a  fellow-creature,  he  rises  in  some  measure  above 
the  person  who  gives  the  command.  There  are  no  great 
men  without  virtue  ;  and  there  are  no  great  nations,  —  it 
may  almost  be  added,  there  would  bo  no  society,  —  without 
respect  for  right  ;  for  what  is  a  union  of  rational  and  in- 
telligent beings  who  are  held  together  only  by  the  bond  of 
force  ? 

I  am  persuaded  that  the  only  means  which  we  possess, 
at  the  present  time,  of  inculcating  the  idea  of  right,  and 
of  rendering  it,  as  it  were,  palpable  to  the  senses,  is  to  en- 
dow all  with  the  peaceful  exercise  of  certain  rights  :  this  is 
very  clearly  seen  in  children,  who  are  men  without  the 
strength  and  the  experience  of  manhood.  When  a  child 
begins  to  move  in  the  midst  of  the  objects  which  surround 
him,  he  is  instinctively  led  to  appropriate  to  himself  every- 
thing which  he  can  lay  his  hands  upon  ;  he  has  no  notion 
of  the  property  of  others  ;  but  as  he  gradually  learns  the 
value  of  things,  and  begins  to  perceive  that  he  may  in  his 
turn  be  despoiled,  he  becomes  more  circumspect,  and  he 
ends  by  respecting  those  rights  in  othei's  which  he  wishes 
to  have  respected  in  himself.  The  ])rinciple  which  the 
child  derives  from  the  possession  of  his  toys  is  taught  to 
the  man  by  the  objects  which  he  may  call  his  own.  In 
America,  the  most  democratic  of  nations,  those  complaints 
against  property  in  general,  which  are  so  frequent  in 
Europe,  are  never  heard,  because  in  America  there  are  no 
paupers.  As  every  one  has  property  of  his  own  to  defend, 
every  one  recognizes  the  principle  upon  wliich  he  holds  it. 

The  same  thing  occurs  in  the  political  world.     In  Amer- 


ADVANTAGES  OF  DEHOOBACT.  818 

ic*.  the  lowest  classes  have  conceived  a  verj  high  noUon 
<rf  political  limits,  bftcaiifl^  they  txenrHkrlSlosa'TTghts  ;  and 
they  refrain  &om  attacking  the  rights  of  others,  in  order 
that  their  own  may  not  be  viokted.  Wliibt  in  Europe,  the 
same  classes  sometimes  resist  even  the  supreme  power,  the 
American  submits  without  a  murmur  to  the  authority  of 
Uie  pettiest  ma^trate. 

This  truth  appears  even  in  the  trivial  details  of  national 
life.  In  France,  few  pleasures  are  exclusively  reserved  for 
the  higher  classes  ;  the  poor  are  generally  admitted  wher- 
ever the  rich  are  recdved  ;  and  they  consequently  behave 
with  propriety,  and  respect  whatever  promotes  the  enjoy- 
ments which  they  themselves  share.  In  England,  where 
wealth  has  a  monopoly  of  amusement  as  well  as  of  power, 
complaints  are  made,  that,  whenever  the  poor  happen  to 
enter  the  places  reserved  for  the  pleasures  of  the  rich,  they 
do  wanton  mischief:  can  this  be  wondered  at,  since  care 
has  been  taken  that  they  should  have  nothing  to  lose  ? 

The  government  of  the  democracy  brings  the  notion  of 
political  rights  to  the  level  of  the  humblest  citizens,  just  as 
the  dissemination  of  wealth  brings  the  notion  of  property 
within  the  reach  of  all  men  ;  to  my  mind,  tills  is  one  of  its 
greatest  advantages,  I  do  not  say  it  is  ea^  to  teach  men 
how  to  exercise  political  rights  ;  but  I  maintain  that,  when 
it  is  possible,  the  effects  which  result  from  it  are  highly  im- 
portant ;  and  I  add,  that,  if  there  ever  was  a  time  at  which 
such  an  attempt  ought  to  be  made,  that  time  is  now.  Do 
you  not  see  that  reli^ous  belief  is  shaken,  and  the  divine 
notion  of  right  is  declining  ?  —  that  morality  is  debased, 
and  the  notion  of  moral  right  is  therefore  lading  away  ? 
Argument  is  substituted  for  faith,  and  calculation  for  the 
impulses  of  sentiment.  If,  in  the  midst  of  this  general 
disruption,  you  do  not  succeed  in  connecting  the  notion 
of  right  with  that  of  private  interest,  which  is  the  only 
tmmntable  point  in  the  human  heart,  what  i&.<e«n&  "tr^  '^qql 


814  DEHOCBACT  IM  AMERICA. 

have  of  goreming  the  world  except  by  fear  ?  Wlien  I  am 
told  that  tlie  laws  are  weak  and  the  people  are  turbulent, 
that  passions  are  excited  and  the  aathorit^  of  virtue  is  par- 
alyzed, and  therefore  no  measures  must  be  taken  to  increase 
the  rights  of  tÉe  democracy,  I  reply,  that,  for  tliose  vmj 
reasons,  some  measures  of  the  kind  ought  to  be  taken  ;  and 
~I  believe  that  governments  are  still  more  interested  in  tak- 
ing them  tlian  society  at  lat^,  for  governments  may  perUh, 
but  society  cannot  die. 

But  I  do  not  wish  to  exa^erate  the  example  which 
America  furnishes.  There  the  people  were  invested  with 
political  rights  at  a  time  when  they  could  not  be  abased, 
for  the  inhabitants  were  few  in  number,  and  simple  in  their 
manners.  As  they  have  increased,  the  Americans  have 
not  augmented  tlie  power  of  the  democracy  ;  they  hâve 
rather  extended  its  domain. 

It  cannot  be  doubted  that  the  moment  at  wliicli  political 
riglits  ai-e  granted  to  a  people  that  had  before  been  witliout 
them  ia  a  very  critical  one,  —  that  tlie  measure,  though 
often  necessary,  is  always  dangerous,  A  child  may  kill 
before  lie  is  aware  of  the  value  of  hfe  ;  and  he  may  de- 
prive another  person  of  his  property,  before  he  is  aware 
that  his  own  may  be  taken  from  him.  The  lower  orders, 
when  first  they  are  invested  with  political  rights,  stand,  in 
relation  to  those  rights,  in  the  same  position  as  the  child 
does  to-,the  whole  of  nature  ;  and  the  celebrated  adage 
may  tlicn  be  applied  to  tliem.  Homo  piier  robusttig.  This 
truth  may  be  perceived  even  in  America.  The  States  in 
which  the  citizens  have  enjoyed  their  rights  longest,  are 
those  in  which  tliey  make  the  best  use  of  tliem. 

It  cannot  be  repeated  too  often,  that  nothing  is  more  fer- 
tile in  prodigies  than  the  art  of  being  free  ;  but  there  is 
nothing  more  arduous  than  the  apprenticeship  of  liberty. 
It  is  not  so  with  despotism:  despotism  often  prombes  to 
make  amenda  for  a  thousand  previous  ills  ;  it  supports  the 


ADVANTAGES  OF  DEHOCSAOT.  815 

right,  it  protects  the  oppressed,  and  it  maintains  public  or- 
der. The  nation  is  lulled  by  the  teoiporaiy  prosper!^ 
which  it  produces,  until  it  b  roused  to  a  sense  of  its  lajs- 
eiy.  Liberty,  on  the  contrary,  is  generally  established 
with  difficulty  in  the  midst  of  Btonm  ;  it  is  perfected  by 
civil  discord  ;  and  its  benefits  cannot  be  appreciated  until  it 
is  already  old. 


B£aP£CT   FOR  THE  LA.W   IN   THE   UMTTZD   STATES. 

Bespect  of  the  Americaiu  for  tbs  Law.  —  Fuental  Afiêctloa  which  thej 
entcnaia  Ibt  it.  —  Fonooal  Inurett  of  evei^  one  to  incraoM  the  Powr 
□f  the  Law. 

It  is  not  always  feasible  to  consult  the  whole  people, 
either  directly  or  indirectly,  in  the  formation  of  the  law  ; 
but  it  cannot  be  denied  that,  when  this  is  possible,  the  au- 
thority of  the  law  is  much  augmented.  This  popular  ori- 
^n,  which  impairs  the  excellence  and  the  wisdom  of  legis- 
lation, contributes  much  to  increase  its  power.  There  is 
an  amazing  strength  in  the  expression  of  the  wiD  of  a 
whole  people  ;  and  when  it  declares  itself,  even  the  imagi- 
nation of  those  who  would  wish  to  contest  it  is  overawed. 
The  truth  of  this  feet  is  well  known  by  parties  ;  and  they 
consequently  strive  to  make  out  a  majority  whenever  they 
can.  If  they  have  not  the  greater  number  of  voters  on 
their  side,  they  assert  that  the  true  majority  abstained  from 
voting  ;  and  if  they  are  foiled  even  there,  they  have  re- 
course to  those  persons  who  had  no  right  to  vote. 

In  the  United  States,  except  slaves,  servants,*  and  pau- 
pers supported  by  the  townships,  there  is  no  class  of  pei^ 
Bcms  who  do  not  exercise  the  elective  franchise,  and  who 
do  not  indirectly  contribute  to  make  the  laws.     Those 

*  Thii  il  a  »tniig«  mistake  ;  in  the  United  Stmtea,  serrBDta  hare  u  good 
Kij^t  to  TOle  M  their  GmpIojEiB,  and  often  rote  «g^inattlmci.  —  hit.  In. 


DEMOCRACY  IN  AUERICA. 


«hs  wUi  to  attttck   tliB   laws  must   consequently  «Uter 
I  tbe  opinion  of  tbe   nation,  or  trample   upon   its 


A  second  nosnn,  whicli  is  still  more  direct  uid  weighty, 
^r  be  adduced  :  in  the  United  States,  every  one  is  per- 
■MmIIt  intt^restcd  in  enforcing  the  obedience  of  the  whole 
«otBiunity  to  tliu  law  ;  for  as  tlie  minnrity  may  shortly 
tattr  tbe  miyorily  to  its  principled,  it  is  interested  in  pro- 
Umi^jT  that  respect  for  the  décrues  of  the  legislator  which 
jl  BUT  SooU  have  occasion  to  claim  for  its  own.  However 
mktotoe  an  enactment  may  be,  the  citizen  of  the  United 
SnUiu  c<Mnplie9  with  it,  not  only  because  it  is  the  work  of 
tke  majority,  but  because  it  is  his  own,  and  he  regards  it  as 
a  contract  to  which  he  is  himself  a  party, 

In  the  UnitL'd  States,  then,  that  numerous  and  turbulent 
niultiiude  does  not  exist,  who,  regiirding  the  law  as  their 
natural  enemy,  look  upon  it  with  fear  and  distrust.  It  is 
impossible,  on  the  contrary,  not  to  perceive  that  all  classes 
dixplay  the  utmost  reliance  upon  the  legislation  of  their 
country,  and  are  attached  to  it  by  a  khid  of  parental  af- 
fection. 

I  am  wrong,  however,  in  saying  all  classes  ;  for  as,  in 
America,  the  European  scale  of  authority  is  inveited,  the 
wealthy  are  there  placed  in  a  position  analogous  to  tliat  of 
the  poor  in  the  Old  World,  and  it  is  tlie  opulent  classes 
who  frequently  look  upon  tlie  law  with  suspicion.  I  have 
already  obsei-ved  that  the  advantage  of  democracy  is  not, 
'»a  has  been  sometimes  asserted,  that  it  protects  the  ïnter- 

s  of  all,,  but  simply  that  it  protects  those  of  the  majority. 
In  the  United  States,  where  the  poor  rule,  the  rich  have 
■Iways  somelhing  to  fear  fiv»m  the  abuse  of  their  power. 
This  natund  anxie^  of  the  rich  may  produce  a  secret  di»- 
ifttisfiiction  ;  but  society  is  not  disturbed  by  it,  for  the  same 
1  iBBSon  which  withholds  the  confidence  of  the  rich  from  tho 
[atire  authority,  makes  them  obey  its  mandates  :  thàr 


ADVANTAGES  OF  DEMOŒACY.  SIT 

wealth,  which  prevents  them  from  making  the  law,  pi«- 
rents  them  from  withstanding  it.  Amongst  civilized  na- 
tions, only  those  who  have  nothing  to  lose  ever  revolt  ; 
and. if  the  laws  of  a  democracy  are  not  always  worthy  of 
respect,  they  are  always  respected  ;  for  those  who  usually 
infringe  the  laws  cannot  fail  to  obey  those  which  they  have 
themselves  made,  and  by  which  they  are  benefited  ;  whilst 
the  citizens  who  might  be  interested  in  tha  infraction  of 
them  are  induced,  by  their  character  and  station,  to  submit 
to  the  deciaions  of  the  legislature,  whatever  tliey  may  be. 
Besides,  the  people  in  America  obey  the  law,  not  only  be-  ■ 
cause  it  is  their  work,  but  because  it  may  be  changed  if  it  ' 
be  harmful  ;  a  law  is  observed  because,  first,  it  is  a  self- 
imposed  evil,  and,  secondly,  it  is  an  evil  of  transient  dura- 
tioD. 


Acnvrrr  which  pervades  aix  parts  of  thb  bodt  pol- 
itic IK  THE  UNITED  STATES  ;  INFLUENCE  WHICH  TP  EX- 
ERCISES   UPON   80CIETT. 

Mon  difficult  to  conceive  the  Political  Activi^  which  perradM  the  XJnitatl 
Suics,  thui  the  Freedom  uid  Eqcilit;  which  reign  there.  —  The  great 
Activitj  which  pcrpetuallj'  agitatea  the  LegialotÎTO  Bodies  it  only  on  £pi- 
«ode,  a  Prolongation  of  the  Eencral  Activitj,  —  DJfRcult  for  an  Ameri- 
can to  confine  himself  to  hi»  own  BqsineM.  —  Polidcal  Agitation  culcnd* 
to  all  social  Inlercoarso.  —  Commcnial  Activilyof  the  Americana  parti; 
Bttribotable  to  this  Caiuo.  —  Indirect  Advantages  which  Society  dcrivei 
from  a  Democratic  Goïenunent. 

On  passing  from  a  free  country  into  one  which  is  not 
free,  the  traveller  is  struck  by  the  change  ;  in  the  former, 
all  is  bustle  and  activity  ;  in  the  latter,  everything  seems 
calm  and  motionless.  In  the  one,  amelioration  and  pro- 
gress are  the  topics  of  inquiry  ;  in  the  other,  it  seems  as 
if  the  community  wished  only  to  repose  in  the  enjoyment 
<tf  advantages  already  acquired.     Nevortbda»,  ÛA  cxran&rj 


818  UEHOCSACT  m  AUEBtCA. 

which  exerts  itself  so  strenuously  to  become  happy,  û  gen- 
erally more  wealthy  and  prosperous  than  that  which  ap- 
pears so  contented  with  its.  lot;  and  when  we  compare 
them,  we  can  scarcely  conceive  lioiv  so  many  new  wants 
are  daily  felt  in  the  former,  whibt  so  few  seem  to  exist  in 
the  latter. 

If  tills  remark  is  applicable  to  those  free  conntries  which 
have  presen-cd  monarchica]  forma  and  aristocratic  institu- 
tions, it  is  still  more  bo  to  democratic  republics.  In  these 
States,  it  is  not  a  portion  only  of  the  people  who  endeavor 
to  improve  the  state  of  society,  but  the  whole  community 
is  engaged  in  the  task  ;  and  it  is  not  the  exigencies  and 
convenience  of  a  single  class  for  which  provision  is  t«  be 
made,  but  the  exigencies  and  convenience  of  all  classes  at 
once. 

It  is  not  impossible  to  conceive  the  surprising  liberty 
which  the  Americans  enjoy  ;  some  idea  may  likewise  be 
formed  of  their  extreme  equality  ;  but  the  political  activity 
which  pervades  the  United  States  must  be  seen  in  order  to 
be  understood.  |  No  sooner  do  you  set  foot  upon  American 
ground,  than  you  are  stunned  by  a  kind  of  tumult  ;  a  con- 
fused clamor  is  heard  on  every  side  ;  and  a  thousand  simot- 
taneous  voices  demand  the  satisfaction  of  tlieir  social  wants. 
Everything  is  in  motion  around  you  ;  here,  the  people  of 
one  quarter  of  a  town  are  met  to  decide  upon  the  build- 
ing of  a  church  ;  there,  the  election  of  a  representative  is 
going  on  ;  a  little  further,  the  delegates  of  a  district  are 
posting  to  the  town  in  order  to  consult  upon  some  local 
improvements  ;  in  another  place,  the  laborers  of  a  village 
quit  their  ploughs  to  deliberate  upon  the  project  of  a  road 
or  a  public  school.  Meetings  are  called  for  the  sole  pur- 
pose of  declaring  their  disapprobation  of  the  conduct  of 
the  government  ;  whilst  in  other  assemblies,  citizens  salute 
the  authorities  of  the  day  as  the  fathers  of  their  coan- 
try.    Societies  are  formed  which  re^rd  drunkenness  as  the 


ADTAITTAGES  OF   DEHOCRACT.  819 

principal  causa  of  the  erils  of  the  state,  and  solemnly  bind 
themselves  to  give  an  example  of  temperance." 

The  great  political  agitation  of  American  legislative 
bodies,  which  is  the  only  one  that  attracts  tlie  attention  of 
foreigners,  is  a  mere  episode,  or  a  sort  of  continuation,  of 
that  universal  movement  which  ori^nates  in  the  lowest 
classes  of  the  people,  and  extends  successively  to  all  the 
moks  of  society.  It  is  impossible  to  spend  more  effort  in 
the  piursuit  of  happiness. 

The  cares  of  politics  engross  a  prominent  place  in  the 
occupations  of  a  citizen  in  the  United  States  ;  and  almost 
the  only  pleasure  which  an  American  knows  is  to  take  a 
part  in  the  government,  and  to  discuss  its  measures.  This 
feeling  pervades  the  moat  trifling  habits  of  life  ;  even  the 
women  frequently  attend  public  meetings,  and  listen  to 
political  harangues  as  a  recreation  from  their  household 
labors.  Debating  clubs  are,  to  a  cerbun  extent,  a  substi- 
tute for  theatrical  entertainments:  an  American  cannot 
converse,  but  he  can  discuss  ;  and  his  talk  falls  into  a  dis- 
sertation. He  speaks  to  you  as  if  he  was  addressing  a 
meeting  ;  and  if  he  should  chance  to  become  warm  in  the 
discussion,  he  will  say  "  Gentlemen  "  to  the  person  with 
whom  he  is  conversing. 

In  some  countries,  the  inhabitants  seem  unwilling  to 
avail  themselves  of  the  political  privileges  which  tlie  law 
^ves  them  ;  it  would  seem  that  they  set  too  liigh  a  value 
upon  tlieir  time  to  spend  it  on  the  interests  of  the  commu- 
nity ;  and  they  shut  themselves  up  in  a  narrow  selfishness, 
marked  out  by  four  sunk  fences  and  a  quickset  hedge. 
But  if  an  American  were  condemned  to  confine  his  activity 
to  his  own  affairs,  he  would  be  robbed  of  one  half  of  his 

*  At  the  limo  of  mj  Hay  in  the  Unitad  States,  tho  Tcmpcrnnra  Socictist 
■beady  roaiiistcil  of  mora  tbui  3T0,00D  members;  and  their  effect  had  been 
to  diminish  (lie  coninmption  of  ilTong  liqnon  bj  SOO.OOO  galloiu  per  annmn 
'  fai  Peotu/lvania  tdoue. 


820  DEMOCaiAOT  m  amsbeoa. 

existence;  he  would  fed  an  imraemft  Toid  m  lili9<JHb 
which  he  is  accustomed  to  lead,  and  Ua 
would  be  unbearable.*    I  am  penuaded,  that,  if  ev«v  m 
,    potism  should  be  established  in  Ameriem  it  will  be. 
'7  /  difficult  to  overcome  the  habita  which  fieedom  haa 
I  than  to  conquer  the  love  of  fireedom  itself. 

This  ceaseless  agitation  which  democratio  govemnmt 
has  introduced  into  the  political  world,  influences  all  wodti 
intercourse.  I  am  not  sure  that,  upon  the  whole,  tbia  sa 
not  the  greatest  advantage  of  democracy  ;  and  I  am  kai 
inclined  to  applaud  it  for  what  it  doea,  than  fiur  what  k 
causes  to  be  done. 

It  is  incontestable  that  the  people  frequently  condnel 
public  business  very  ill  ;  but  it  is  impossible  that  the  lower 
orders  should  take  a  part  in  public  business  without  ex- 
tending the  circle  of  their  ideas,  and  quitting  the  ordinary 
routine  of  their  thoughts.  The  humblest  individual  who 
co-operates  in  tlie  government  of  society  acquires  a  certaio 
degree  of  self-respect  ;  and  as  he  possesses  authority,  he 
can  command  the  services  of  minds  more  enlightened  than 
his  own.  He  is  canvassed  by  a  multitude  of  applicants, 
and,  in  seeking  to  deceive  him  in  a  thousand  ways,  they 
really  enlighten  him.  He  takes  a  part  in  political  under- 
takings which  he  did  not  originate,  but  wliich  give  him  a 
taste  for  undertakings  of  the  kind.  New  improvements 
are  daily  pointed  out  to  him  in  the  common  property,  and 
this  gives  him  the  desire  of  improving  that  property  which 
is  his  own.  He  is  perhaps  neither  happier  nor  better  than 
those  who  came  before  him,  but  he  is  better  informed  and 
more  active.  I  have  no  doubt  that  the  democratic  institu- 
tions of  the  United  States,  joined  to  the  physical  constito- 

*  The  same  remark  was  made  at  Rome  andcr  the  first  Coesan.  Mon- 
tesquieu somewhere  alludes  to  the  excessive  despondency  t>f  certain  Roman 
citizens,  who,  after  the  excitement  of  political  life,  were  all  at  onoe  flung  liadt 
into  the  stagnation  of  private  life. 


ADVANTAGES  OP  DEHOCEACT.  821 

tion  of  the  coontrj,  are  the  cause  (not  the  direct,  as  is  bo 
ofben  asserted,  but  the  indirect  cause)  of  the  prodi^ous 
commercial  activity  of  the  inhabitants.  It  is  not  created 
by  the  laws,  bat  the  people  leam  how  to  promote  It  by 
the  experience  derived  from  legislation. 

When  the  opponents  of  democracy  assert  tliat  a  single 
man  performs  wliat  he  undertakes  better  than  the  goven>- 
ment  of  all,  it  appears  to  me  that  they  are  right.  The 
government  of  an  individual,  supposing  an  equality  of 
knowledge  on  either  side,  is  more  consistent,  more  perse- 
vering, more  uniform,  and  more  accurate  in  details,  than 
that  of  a  multitude,  and  It  selects  with  more  discrimination 
the  men  wliom  it  employs.  If  any  deny  this,  they  have 
never  seen  a  democratic  government,  or  have  judged  upon 
partial  evidence.  It  is  true  that,  even  when  local  circum- 
stances and  tlie  dispositions  of  the  people  allow  democratic 
institutions  to  exist,  they  do  not  display  a  regular  and  me- 
thodical system  of  government.  Democratic  liberty  is  far 
from  accomplisliing  all  Its  projects  with  the  skill  o£  an 
adroit  despotism.  It  &equently  abandons  them  before  they 
have  borne  their  fruits,  or  risks  them  when  the  conse- 
quences may  be  dangerous  ;  but  in  the  end,  it  produces 
more  than  any  absolute  government  ;  if  it  does  fewer 
things  well,  it  does  a  greater  number  of  things.  Under 
its  sway,  the  grandeur  is  not  in  what  the  public  adminis- 
tration does,  but  in  what  is  done  without  It  or  outside  of  it. 
Democracy  does  not  give  the  people  the  most  skilfiil  gov- 
ernment, but  it  produces  what  the  ablest  governments  are 
frequently  unable  to  create  ;  namely,  an  all-pervading  and 
restless  activity,  a  superabundant  force,  and  an  energy 
which  is  inseparable  from  it,  and  which  may,  however  un- 
fiivorable  circumstances  may  be,  produce  wonders.  These 
are  the  true  advantages  of  democracy. 

In  the  present  age,  when  the  destinies  of  Christendom 
seem  to  be  in  suspense,  some  bastea  to  aa&ùV  &,«iiy»3roK;3  «& 


SSI  DSMOCBACr  IN   AUERICA. 

a  hostile  power,  whilst  it  b  yet  growing  ;  and  others  al- 
ready adore  this  new  deity  which  b  springing  forth  iVom 
chaos.  But  both  parties  arc  imperfectly  acquMotcd  with 
the  ohject  of  their  hatred  or  their  worship  ;  tliey  strike  in 
the  dark,  and  distribute  their  blows  at  random. 

We  must  first  understand  what  is  wanted  of  society  and 
its  government.  Do  you  wish  to  ^ve  a  certain  elevation 
to  t!ie  human  mind,  and  teach  it  to  regard  the  things  of 
this  world  with  generous  feelings,  to  inspire  men  with  a 
scorn  of  mere  temporal  ad^-antage9,  to  form  and  nourish 
strong  convictions,  and  keep  alive  the  spirit  of  lionorable 
devotedneas  ?  Is  it  your  object  to  refine  the  habits,  embel- 
lish the  manners,  and  cultivate  tlie  arts,  to  promote  the 
love  of  poetry,  beauty,  and  glory  ?  Would  you  constitute 
a  people  fitted  to  act  powcrfiilly  upon  all  other  nations,  and 
prepared  for  those  high  enterprises  which,  whatever  be 
their  results,  will  leave  a  name  forever  famous  in  history  ? 
If  you  believe  such  to  be  the  principal  object  of  society, 
avoid  the  government  of  the  democracy,  for  it  would  not 
lead  you  with  certainty  to  the  goal. 

But  if  you  hold  it  expedient  to  divert  the  moral  and  in- 
tellectual activity  of  man  to  the  production  of  comfort,  and 
the  promotion  of  general  well-being  ;  if  a  clear  understand- 
mg  be  more  profitable  to  man  than  genius  ;  if  your  object 
be  not  to  stimulate  the  virtues  of  heroism,  hut  the  habita 
of  peace  ;  if  you  had  rather  witness  vices  than  crimes,  and 
are  content  to  meet  with  fewer  noble  deeds,  provided  of- 
fences be  diminished  in  the  same  proportion  ;  if,  instead  of 
Jiving  in  the  midst  of  a  brilliant  society,  you  are  contented 
to  have  prosperity  around  you  ;  if,  in  short,  you  are  of 
opinion  that  the  principal  object  of  a  government  is  not 
to  confer  the  greatest  possible  power  and  glory  upon  the 
Iwdy  of  the  nation,  hut  to  insure  the  greatest  enjoyment, 
and  to  avoid  the  most  misery,  to  each  of  tlie  individuals 
who  compose  it,  —  if  such  be  your  desire,  then  equal- 


ADVANTAGES  OF  DEUOGBAOT.  828 

ize  the  conditions  of  men,  and  eatablish  democradc  ia- 
sUtutions. 

Bnt  if  the  time  be  past  at  which  such  a  choice  was  po»- 
sihle,  and  if  some  power  superior  to  that  of  man  idreadj 
hurries  us,  without  consulting  oar  wishes,  towards  one  or 
the  other  of  these  two  governments,  let  us  endeavor  to 
make  the  best  of  that  which  is  allotted  to  us,  and,  bj'  find- 
ing oat  both  its  good  and  its  evil  tendencies,  be  able  to  fos- 
ter the  former  and  repress  the  latter  to  the  utmost. 


824  DEMOGRACT  IN  HOOtlOA. 


CHAPTBE  XV. 

UNLIMITED  POWER  OF  THE  KAJOBITT  IN  THE  UNIIXD  BTATB^ 

AND  ITS  CONSEQUENCES. 


Natural  Stiength  of  the  "Mtjatity  in  DemocracieB.  — Moat  of  tlie 

Constitatioiia  have  increaaed  this  Strength  hj  artificial  Meaaa.  —Hoir 
this  has  been  done.  — Pledged  Pekgatea.  —  Moral  "Pawet  of  tlie  lift* 
jority.  —  Opinion  aa  to  ita  IniUlibi%.  —  Beqiect  for  ita  Bfg^  hom 

aogmented  in  the  United  Statea. 

THE  very  essence  of  democratic  government  consists  in 
the  absolute  sovereignty  of  the  majority  ;  for  there  in 
nothing  in  democratic  states  which  is  capable  of  resisting 
it.  Most  of  the  American  constitutions  have  sought  to 
increase  this  natural  strengdi  of  the  majority  by  artificial 
means.* 

The  legislature  is,  of  all  pohtical  institutions,  the  one 
which  is  most  easily  swayed  by  the  will  of  the  majority. 
The  Americans  determined  that  the  members  of  the  legis- 
lature should  be  elected  by  the  people  directly^  and  for  a 
very  brief  term^  in  order  to  subject  them,  not  only  to  the 
general  con-vHictions,  but  even  to  the  daily  passions,  of  their 
constituents.  The  members  of  both  houses  are  taken 
&om  the  same  classes  in  society,  and  nominated  in  the 
same  manner  ;  so  that  the  movements  of  the  legislative 

*  We  hare  seen,  in  examining  the  Federal  Constitntion,  that  the  efibrta 
of  the  legislators  of  the  Union  were  directed  against  this  ahsolute  power. 
The  consequence  has  been,  that  the  Federal  government  is  more  independ- 
ent in  its  sphere  than  that  of  the  States.  Bat  the  Federal  goTemment 
tcarcely  ever  interferes  in  any  bat  foreign  afïairs  ;  and  the  govemmenta  of 
the  States  in  reality  direct  society  in  America.  • 


THE  UNLIMITED  POWES   OF  THE  UAJOBTTY.  82i 

bcxiies  are  almost  as  rapid,  and  quits  as  irresistible,  as  those 
of  a  single  assembly.  It  is  to  a  legislatm^  thus  constituted, 
that  almost  all  the  autliority  of  the  government  has  been 
intrusted. 

At  the  same  time  that  the  law  increased  the  strength  of 
those  authorities  which  of  themselves  were  strong,  it  enfee- 
bled more  and  more  those  which  were  naturally  weak.  It 
deprived  the  representatives  of  the  executive  power  of  all 
stability  and  independence  ;  and,  by  subjecting  them  com- 
pletely to  the  caprices  of  the  le^lature,  it  robbed  them 
of  the  slender  influence  which  the  nature  of  a  democratic 
government  might  have  allowed  them  to  exercise.  In 
several  States,  the  judicial  power  was  also  submitted  to  the 
election  of  the  majority  ;  and  in  all  of  them,  its  existence 
was  made  to  depend  on  tlie  pleasure  of  the  legislative  au- 
thority, since  the  representatives  were  empowered  annually 
to  regulate  the  stipend  of  the  judges. 

Custom  has  done  even  more  than  law.  A  proceeding  is 
becoming  more  and  more  general  in  the  United  States, 
which  will,  in  the  end,  do  away  with  the  guaranties  of 
representative  government  :  it  frequently  happens  that  the 
voters,  in  electing  a  delegate,  point  out  a  certain  line  of 
conduct  to  him,  and  impose  upon  him  certain  positive  obli- 
gations which  be  is  pledged  to  fulfil.  With  the  exception 
of  the  tumult,  tliis  comes  to  the  same  thing  as  if  tlie  major- 
ity itself  held  its  deliberations  in  the  market-place. 

Several  other  circumstances  concur  to  render  tlie  power 
of  the  majority  in  America  not  only  preponderant,  but  ir- 
resistible. The  moral  authority  of  the  majority  is  partly  . 
based  upon  the  notion,  that  there  is  more  intelligence  and 
wisdom  in  a  number  of  men  united  than  in  a  single  indi- 
vidual, and  that  the  number  of  the  legislators  is  more  im- 
portant than  their  quality.  The  theory  of  equality  is  thus 
applied  to  the  intellects  of  men  ;  and  human  pride  is  thus 
assailed  in  its  last  retreat  by  a  doctrine  which  tki^  iiùiurô!:^ 


<SS6  MWMBAor  n  imncuL 

rbesitate  to  ftdmit,  and  to  wliich  the^  vin  bat  dcnrlj  himC. 
like  all  other  powen,  snd  perhapa  mora  tlian  anj  oAv, 
the  authori^  of  the  manj  reqniraB  the  sancdim  of  tmia  in 
order  to  appear  le^titiute.  At  fint,  it  enlorcea  obedieon 
hj  constraint  ;  and  its  laws  are  not  resetted  until  they  ham 
been  long  maintained. 

The  right  of  governing  society,  which  tbe  majoritj'  n^ . 
poses  itself  to  derire  &om  its  saperior  intelligence,  ma  m* 
troduced  into  the  United  States  by  the  first  settlen;  and 
this  idea,  which  of  itself  would  be  sufficient  to  create  a  fine 
nation,  has  now  been  amalgamated  with  the  mannen  of  Aa 
people  and  the  minor  incidents  of  social  life. 

The  French,  under  the  old  monarchj,  held  it  Sm  a 
maxim  that  the  king  could  do  no  wrong  ;  and  if  he  did 
do  wrong,  the  blame  was  imputed  to  his  advisers.  This 
notion  made  obedience  very  easy  ;  it  enabled  tlie  subject 
to  complain  of  the  law,  without  ceasing  to  love  and  honor 
the  lawgiver.  The  Americana  entertain  tlie  same  opinion 
with  respect  to  the  majority. 

The  moral  power  of  the  majority  is  founded  upon  yet 
another  principle,  which  is,  that  the  interests  of  the  many 
are  to  be  preferred  to  tliose  of  the  few.  It  will  readily 
be  perceived  that  tlie  respect  here  professed  for  tlie  rights 
of  the  greater  number  must  naturally  increase  or  diminish 
according  to  the  state  of  parties.  When  a  nation  is  divided 
into  seA'cral  great  irreconcilable  interests,  the  priWlege  of 
the  majority  is  often  overlooked,  because  it  is  intolerable  to 
comply  with  its  demands. 

If  there  existed  in  America  a  class  of  citizens  whom  the 
legislating  majority  sought  to  deprive  of  exclusive  pri\-i- 
leges  wliich  they  had  possessed  for  ages,  and  to  bring  down 
firom  an  elevated  station  to  the  level  of  the  multitude,  it  is 
probable  that  the  minority  would  be  less  ready  to  submit  to 
its  laws.  But  as  the  United  States  were  colonined  by  men 
Jiolding  equal  rank,  there  is  as  yet  no  natural  or  perm» 


THE   UNLIMITED  POWER   OF  THE  UAJOBITT.  8ST 

nent  disagreement  between  the  interests  of  its  different  in- 
habitants. 

There  are  communities  in  which  the  members  of  the 
minoritj  can  never  hope  to  draw  over  the  majority  to  their 
side,  because  they  must  tiien  give  up  the  very  point  which 
is  at  issue  between  them.  Thus,  an  aristocracy  can  never 
become  a  majority  whilst  it  retains  its  exclusive  privileges, 
and  it  cannot  cede  its  privileges  withoat  ceasing  to  be  an 
aristocracy. 

In  the  United  States,  political  questions  cannot  be  taken  j 
up  in  so  general  and  absolute  a  manner  ;  and  all  parties  are  | 
willing  to  recognize  the  rights  of  the  majority,  becaosa 
they  all  hope  at  some  time  to  be  able  to  exercise  them  to  I 
their  own   advantage.     The  majority,  therefore,  in  that   1 
country,  exercise   a  prodigious    actual    auUiority,   and    a 
power  of  opinion  which  is  nearly  as  great;   no  obstacles 
exist  which  can  impede  or  even  retard  its  progress,  so  as 
to  make  it  heed  the  complaints  of  those  whom  it  crushes 
upon  its  path.     Thia  state  of  things  is  hanufii]  in  itself, 
and  dungcrous  for  the  fiiture. 


HOW  THE  OMNIPOTENCE  OF  THE  MAJOBITT  INCREASES,  IN 
AMERICA,  THE  INSTABIUTT  OF  tEGISLATIOS  AND  ADMIN- 
ISTRATION   INHERENT   IN    DEMOCRACY. 

The  Amcrimns  iocrcaH  the  Matability  of  L&w  which  is  ialierenl  in  s  Demoe- 
Tacj  by  clianging  the  L^UlBtnre  «Ter?  Year,  and  iHTCtling  tl  nilh  almoM» 
imbouiKlcU  Anlhorilj.  —  The  ume  E9bct  ii  prodnrcd  upon  the  Admia- 
tatraiion.  —  In  Amcrii;^,  the  Pi«««iiie  Tor  social  Improvements  is  vmUj 
greater,  but  Icsa  continnoos,  than  in  Europe. 

I  HAVE  already  spoken  of  the  natural  defects  of  dem-  | 
ocratic  institutions  ;  each  one  of  them  increases  in  tlie  same  ) 
ratio  as  the  power  of  the  majori^.y  To  begin  with  the 
most  evidcht  of  them  all,  the  mutability  of  tk«  Wn^  S&  wl 


828  DSHocKAOT  H  AmniL 

evil  iaberent  in  a  democntie  government,  bewmi»  h  itiHfc» 
oral  to  democracies  to  raise  new  meo  to  power.  Bat  lUk 
evil  is  more  or  lea*  sennble  in  proportion  to  the  aollMÎt^ 
and  the  meana  of  action  wUoh  &e  legÎBlntare  pOEBemev-  v.. 

In  America,  the  aathority  exerciaed  1^  the  k^jsktmni  b 
supreme  ;  nothing  prevents  them  firom  accompliihing  ftirir 
wishes  with  céleri^,  and  widi  irrésistible  power,  and  dwgr 
are  supplied  with  new  représentatives  every  year.  That  m 
to  Hay,  the  circumstances  which  contribute  most  powev 
fully  to  democratic  instalulity,  and  which  admit  of  the  &«b 
apphcation  of  caprice  to  the  most  imp<H>tant  objeetSr  ■» 
here  in  full  operation.  Henoe  America  is,  at  the  preMot 
day,  the  countiy  of  all  others  where  laws  hut  the  ^ortarit 
time.  Almost  all  the  American  constitutions  have  been 
amended  within  thirty  years:  there  is  therefore  not  one 
American  State  which  has  not  modified  the  principles  of 
its  legislation  in  that  time.  As  for  the  laws  themselves 
a  single  glance  at  the  archives  of  the  different  States  of 
the  Union  suffices  to  convince  one,  that  in  America  the 
activity  of  the  legislator  never  slackens.  Not  that  the 
American  democracy  is  naturally  less  stable  than  any 
other,  but  it  is  allowed  to  follow,  in  the  formation  of  the 
laws,  the  natural  instability  of  its  desires.* 

The  omnipotence  of  the  majority,  and  the  rapid  as  well 
as  absolute  manner  in  which  its  decisions  are  executed  in 
the  United  States,  not  only  render  the  law  unstable,  but 
exercise  the  same  influence  upon  the  execution  of  tlic  law 
and  the  conduct  of  the  administration.     As  the  majority  is 

•  The  Icgislalirc  b<:1i  promalgated  bf  the  State  of  Haasuchusctts  alone, 
from  the  jcta  1780  to  (ha  present  time,  alicadj  fill  three  stout  volumes  ;  and 
it  must  not  bo  rorgotlen  that  the  collection  to  which  I  allucto  n-ua  revised  in 
)SS3,  when  manj  old  laws  which  bad  fallen  into  disuse  «ere  omitted.  The 
State  of  Muwchusetta,  whieh  ii  nbt  more  populous  than  a  dopartnicut  of 
Cranee,  maj  be  considered  as  the  most  liable,  iho  iDOst  consistent,  and  tha 
moK  lagacioat  in  ila  nndertnkin^  of  the  whole  Union. 


THE   UNLDniED  POWEB  OP  THE  HAJOBTTT.  329 

the  onlj  power  which  it  is  important  to  court,  all  ita  pn> 
jecta  are  taken  up  with  the  greatest  ardor  ;  but  no  sooner 
is  its  attention  distracted,  tlian  all  this  ardor  ceases  ;  whilst 
in  the  free  states  of  Europe,  where  the  administration  is  at 
once  independent  and  secure,  the  projects  of  the  legislature 
continue  to  be  executed,  even  when  its  attention  is  directed 
to  other  objects. 

In  America,  certain  improvements  are  prosecuted  with 
much  more  zeal  and  activity  than  elsewhere  ;  in  Europe, 
the  same  ends  are  promoted  hy  much  less  social  effort 
more  continuously  applied. 

Some  years  ago,  several  pious  individuals  undertook  to 
ameliorate  the  condition  of  the  prisons.  The  public  were 
moved  by  their  statements,  and  the  reform  of  criminals  be- 
came a  popular  undertaking.  New  prisons  were  built;  and» 
for  the  first  time,  the  idea  of  reforming  as  well  as  punishing 
the  delinquent  formed  a  part  of  prison  discipline. 

But  this  happy  change,  in  which  the  public  had  taken  so 
hearty  an  interest,  and  which  the  simultaneous  exertions  of 
the  citizens  rendered  irresistible,  could  not  be  completed  in 
a  moment.  Whilst  the  new  penitentiaries  were  being 
erected,  and  the  will  of  the  majority  was  hastening  the 
work,  the  old  prisons  still  existed,  and  contained  a  great 
number  of  offenders.  These  jails  became  more  unwhole- 
some and  corrupt  in  proportion  as  the  new  establishments 
were  reformed  and  improved,  forming  a  contrast  which 
may  readily  bo  understood.  The  majority  was  so  eagerly 
employed  in  founding  the  new  prisons,  that  those  which 
already  existed  were  forgotten  ;  and,  as  the  general  atten- 
tion was  diverted  to  a  novel  object,  the  care  which  had 
hitherto  been  bestowed  upon  the  others  ceased.  The  sal- 
utary regulations  of  discipline  were  first  relaxed,  and  after- 
wards broken  ;  so  that,  in  the  immediate  neighborhood  of 
a  prison  which  bore  witness  to  the  mild  and  enlightened 
spirit  of  our  times,  dungeons  existed  which  temîtideÀ  ows 
of  the  barbansm  of  the  Middle  Âges. 


DiHocucr  m  j 


TTSLAVRT  OF  THE  KAJOSIIT. 


How  the  Principle  of  the  Bowwlgnty  tt  dw  Ai^li  to  b«  mdeiHuudi  ^ 
Impouibilitjr  of  eonoririi^  «  lDz«d  OvnaimBttt.  —  The  SonnlgB 
Power  most  euM  eomeiriien. —  PncandoM  to  be  taken  to  ooaBt^  IM 
Action.  —  Theie  Precantioae  ban  not  been  tiken  In  the  United  ridlw 

I  HOLD  it  to  be  in  m^iona  uid  deteatable  maxim,  that, 
politically  speaking,  the  people  hare  a  right  to  do  any- 
thing ;  and  yet  I  hare  asBerted  that  all  aathori^  originatea 
in  the  wiU  of  the  majority.  Am  I,  then,  in  cfrntiadictiai 
with  myself? 

A  general  law,  irhich  bean  lit»  name  of  jnstice,  to» 
been  made  and  sanc^oned,  not  only  by  a  majority  of  this 
or  that  people,  but  by  a  majority  of  mankind.  The  rights 
of  every  people  are  therefore  confined  witliin  tlic  limits  of 
what  13  just.  A  nation  may  be  considered  as  a  jury  which 
is  empowered  to  represent  society  at  large,  and  to  apply 
justice,  wliich  is  its  law.  Ought  such  a  jury,  which  rep- 
resents society,  to  have  more  power  than  the  society  itself^ 
whose  laws  it  executes? 

When  I  refuse  to  obey  an  unjust  law,  I  do  not  contest 
the  right  of  the  majority  to  command,  but  I  simply  appeal 
from  the  sovereignty  of  the  people  to  the  sovereignty  of 
mankind.  Some  have  not  feared  to  assert  tbat  a  people 
can  never  outstep  the  boundaries  of  justice  and  reason  in 
those  affairs  which  are  peculiarly  its  own  ;  and  that  conse- 
quently full  power  may  be  given  to  the  majority  by  wliich 
they  are  represented.  But  this  is  tlie  language  of  a  slave. 
'  A  majority  taken  collectively  is  only  an  individual, 
whose  opinions,  and  frequently  whose  interests,  are  op- 
posed to  those  of  another  individual,  who  is  styled  a 
minority.  If  it  be  admitted  that  a  man  possessing  abso- 
lute power  may  misuse  that  power  by  wronging  his  adver- 
saries, why  should  not  a  majority  be  hahlc  to  the  sama 


THE  UMUUITED  POWÏB   OF  THE  MAJOBITT.  831 

reproach  ?  Men  do  not  change  their  characters  hj  uniting 
with  each  other  ;  nor  does  their  patience  in  the  presence 
of  obstacles  increase  with  their  strength.*  For  my  own 
part,  I  cannot  believe  it;  the  power  to  do  everything, 
which  I  should  refiiae  to  one  of  my  equals,  I  will  never  ^ 
grant  to  any  number  of  them. 

I  do  not  think  tliat,  for  the  sake  of  preserving  liberty,  it 
is  possible  to  combine  several  principles  in  the  same  gov^ 
emment  so  as  really  to  oppose  them  to  one  another.  The 
form  of  government  which  is  osnally  termed  mixed  has  al- 
ways appeared  to  me  a  mere  chimera.  Accurately  speak- 
ing, tliere  is  no  such  thing  as  a  mixed  ffovemment,  in  the 
sense  usually  given  to  that  word,  because,  in  all  commoni- 
ties,  some  one  principle  of  action  may  be  discovered  which 
preponderates  over  the  others.  England,  in  the  last  cen- 
tury,—  which  has  been  especially  cited  as  an  example  of 
this  sort  of  government,  —  was  essentially  an  aristocratic 
state,  although  it  comprised  some  great  elements  of  democ- 
racy ;  for  the  laws  and  customB  of  the  country  were  such 
that  the  aristocracy  could  not  but  preponderate  in  the  long 
run,  and  direct  public  afi&irs  according  to  its  own  will. 
The  error  arose  from  seeing  the  interests  of  the  nobles 
perpetually  contending  with  those  of  the  people,  without 
considering  tlie  issue  of  the  contest,  which  was  really 
the  important  point.  When  a  community  actually  baa 
a  mixed  government,  —  that  is  to  say,  when  it  is  equally 
divided  between  adverse  principles,  —  it  muSt  either  expe- 
rience a  revolution,  or  &I1  into  anarchy. 

I  am  therefore  of  opinion,  that  social  power  superior  to 
all  others  must  always  be  placed  somewhere  ;  hut  I  think 

*  No  one  wilt  assert  that  a  people  cannot  forcibly  vrong  another  people  ; 
bnt  piTtica  may  ho  looked  apon  aa  Isner  nations  within  a  grvM  one,  aod 
tbey  BIO  aliens  to  each  other  :  if,  tltercfore,  it  bo  admitted  that  a  nation  can 
•et  tpnnnicall}'  towards  another  nation,  it  cauool  be  denied  tbat  a  fntf 
maj  do  the  lame  towards  another  party. 


882  SEHOOBAor  at  AUBIGUk. 

that  liber^  is  endongared  -wiaa  Hob  pawn  finds  na  iAfto- 
cle  which  can  retard  its  coone,  and  pve  it  time  to  modei^ 
ftte  ita  own  v^emence. 

Unlimited  power  is  in  itaelf  a  bad  and  dangenn»  tUs^ 
Human  beings  are  not  competent  to  exennse  it  with  dis- 
cretion. God  alone  can  be  omnipotent,  becanse  hia  wiadom 
and  his  justice  ara  always  equal  to  bis  power.  There  is  no  ' 
power  on  earth  so  worthj  of  honor  in  itself,  or  clothed 
with  rights  so  sacred,  tbat  I  woold  admit  its  nnco&troUed 
and  all-predominant  aathority.  When  I  see  that  the  ligbt 
and  the  means  <£  abaolate  command  are  conferred  on  maj 
power  whatever,  be  it  called  a  people  or  a  king,  an  aristiM^ 
racy  or  a  democracy,  a  monarchy  or  a  republic,  I  say  theve 
is  the  germ  of  granny,  and  I  seek  to  live  elsewhere,  under 
other  laws, 

In  my  opinion,  the  main  evil  of  the  present  democratic 
institutions  of  the  United  States  does  not  arise,  as  is  often 
asserted  in  Europe,  from  their  weakness,  but  from  their 
irresiatible  strength.  I  am  not  so  much  alarmed  at  the 
excessive  liberty  which  reigns  in  tliat  country,  as  at  the  in- 
adequate securities  which  one  finds  there  against  tyranny. 
''  When  an  individual  or  a  party  is  wronged  in  the  United 
States,  to  whom  can  he  apply  for  redress  ?  If  to  public 
opinion,  public  opinion  constitutes  tlie  majority  ;  if  to  the 
legislature,  it  represents  the  majority,  and  implicitly  obeys 
it  ;  if  to  the  executive  power,  it  is  appointed  by  the  major- 
ity, and  serves  as  a  passive  tool  in  its  hands.  The  public 
force  consists  of  the  majority  under  arms  ;  the  jury  is  the 
majority  invested  witli  the  right  of  hearing  judicial  cases  ; 
and  in  certain  States,  even  the  judges  are  elected  by  tlie 
majority.  However  iniquitous  or  absurd  tlie  measure  of 
which  you  complain,  you  must  submit  to  it  as  well  as  you 


•  A  itriking  inaUnn)  of  (he  excaaei  vhich  may  be  occtuiomd  b;  6» 
deipoùua  of  the  nu^oiit;  occnmd  U  B&ltJmora  during  the  wu  of  li\X 


THE  UNLOinZD  POWER  OF  THE  UAJOBTTT.  888 

If,  on  tlie  other  hand,  a  le^ktive  power  coold  te  m 
constituted  as  to  represent  the  majority  without  necessarily 
being  the  slave  of  its  passions,  an  executive  so  as  to  retain 
a  proper  share  of  anthority,  and  a  judiciary  so  as  to  re- 
main independent  of  the  other  two  powers,  a  government 

At  that  time,  the  mur  wu  tct;  popalar  in  BaltimoTe.  A  jonnial  whick 
had  taken  the  other  tide  excited  bj  it*  oppoûlion  the  indignation  of  the 
loliabitanti.  The  mob  asaembled,  broke  the  printiag-preucs,  and  attacked 
(be  boose  of  tbe  editors.  The  militiK  «as  called  ont,  but  did  not  oba7 
tbe  call  ;  and  tbe  onl}'  means  of  saving  tbe  tnetcbes  who  were  threatened 
b;  tbe  fienij  of  tlie  mob,  was  to  throw  them  into  prison  aa  common  male- 
lectors.  But  even  this  precaution  was  inefiëetoal  ;  the  mob  collected  again 
doling  the  night  j  the  magistrates  again  made  a  vain  attempt  to  call  ont  the 
militia;  the  prison  wu  fonxd,  one  of  the  newspaper  editora  was  killed 
opon  the  spot,  and  the  others  were  left  for  dead.  The  goili;  parties,  when 
the;  weni  broogbt  to  trial,  were  acquitted  b/  tbe  jniy. 

I  said  one  day  lo  an  inhabitant  of  Pennsjlvania,  "  Be  so  good  as  to  ex- 
le  how  it  happens,  that  in  a  State  foanded  b;  Quakers,  aod  cele- 


brated for  iU  tolcrali 

They  pay  taxes  ;  is 

"  Ton  insnlt  as, 


,  free  Blacks  are  not  allowed  to  ezerdie  civil  right*. 

1  fair  that  they  should  vi 
^plied  my  informant,  "if  yon  imagine  that  o 


islators  coold  have  committed  so  gross  an  act  of  injostic»   and   inloler- 

"  Then  the  Blacks  possess  the  ri^t  of  voting  in  this  coimlt7'f  " 

"Withont  doubt." 

■'  How  comes  it,  then,  that  at  tbe  polling-booth,  tbii  monung,  I  did  not 
perceive  a  single  Negro  in  the  meeting  1  " 

"  This  is  not  the  fault  of  tbe  law  :  the  Negroee  have  on  nndigpnted  right 
of  Totingi  bat  they  volantarily  abstain  from  making  their  appearance." 

"A  very  pretty  piece  of  modesty  on  their  parti"  rejoined  I. 

"  Why,  the  tmih  is,  that  they  are  not  diùnclincd  to  vote,  bat  they  am 
afraid  of  bdng  maltreated  ;  in  this  conntry,  tbe  law  is  sometimes  unable  to 
maintain  its  authority,  without  the  support  of  the  majority.  But  in  this 
case,  the  m^rity  cntertoini  very  strong  prejadiccs  against  the  Blacks,  and 
tbe  magistrates  ore  nnable  to  protect  them  in  the  exercise  of  their  1eg«l 

"  Then  the  majority  claims  the  right  not  only  of  m  «king  the  laws,  but 
of  breaking  the  laws  it  has  madeî" 

[In  HasSBchnieits,  and  some  other  States,  liee  Blacks  vote  as  regulariy 


834  OEUOCRAOT  a  AIOBIOl. 

would  be  formed  whicli  would  still  be  iaaocniSc,  withaot 
incurring  hardly  any  risk  of  ^nnny. 
^  I  do  not  say  Ûat  there  ii  a  frequent  n»  of  tynnity  in 
America  at  the  present  day  ;  bat  I  maintain  lliat  tluie  û 
no  sure  barrier  against  it,  and  that  the  causes  which  nut»* 
gate  the  government  there  are  to  be  fonnd  in  the  circanfc- 
stances  and  the  manners  of  the  country,  more  than  in  iti 
laws.* 

*  Thii  vhole  chapter  li  •  growing  dMcriptfon  of  Aa  btU*  whidi  an  M 
'be  fcaxcd  in  the  TJnited  Statei  from  an  abiua  of  tha  !—■"»«»  power  at  Ûm 
nuyority.  In  the  miin,  it  Ii  a  tnfiiflil  ptctore;  and  jet  tba  anthor  allovi 
hiiiuelf  to  be  10  tu  heated  bj  loi  own  thetoiic  m  to  finget  the  dwcka  and 
licnitecionB  of  thia  dominant  power  irtifch  ha  hai  himnlf  eliewben  nodeef. 
The  very  complexitf  of  oar  Grame  of  goTemiacnl  onablea  ni  to  eot  off  end 
balance  the  strength  of  ooa  mqority  againat  anot)icr.  Tbna  the  ftedenl 
luld  the  State  governments  matuall;  leetrain  and  llmil  each  other,  vhile  each 
ii  reetrii'lcd  by  many  proTiaion»  in  its  own  wrillca  CooBlitutioo,  which  are 
of  the  nalore  of  a  Bill  of  Bighti.  No  law  can  be  passed  by  the  Federal 
Legislature  wiihont  iho  coocurreDce  of  a  majority  of  the  State»  represenud 
in  the  Stuialo,  wherein  lictle  Delaware,  with  only  one  hundred  thoosand 
inhabitant,  has  as  potent  a  roice  as  the  Empira  Slate  of  New  York,  witb 
its  lliree  and  a  half  milliooa.  Even  the  sturdy  little  New  England  tuwn- 
abip,  so  admimblj  dcscrilicd  elsewhere  by  M.  do  TocqneviUe,  succeeds  in 
causing  its  rights  to  bo  icspoctcd  in  the  State  L<^slataro,  where  it  ii  im- 
mensely oatnumbcrcd,  because  the  other  townships  would  make  common 
catiso  with  it  against  any  ciying  iiyiistice,  fearing  that  its  case  may  become 
their  own  at  sonie  future  day.  Moreover,  the  mnjority  in  a  State,  or  even 
Id  the  United  Slates,  though  a  raighly,  ia  ako  an  unwieldy  power,  acting 
only  at  long  iDlcrvals,  once  a  year,  or  once  in  four  ycais,  and  then  throng 
•0  many  agents,  and  so  mnch  machinery,  that  tlic  foreo  of  its  hlotrs  Ij 
greatly  impaired  before  they  reach  their  object.  It  is  only  a  figure  of 
■jwcch  to  say  that  the  majority  of  the  people  make  the  Uws,  becaoso  they 
choose  the  members  of  the  Legislature.  The  delegates  thus  chosen  respect 
their  coostitucats,  it  is  true,  and  strive  in  the  main  to  confonn  to  their 
wishes  J  and  yet  they  act  very  differently  from  what  those  constituent! 
would  do,  if  allowed  to  come  together  whenever  Ihcy  pleased,  and  directly 
enact  any  law  that  pleased  them,  upon  any  «abject.  Tlio  necessary  delaji 
in  law-making,  the  compliance  with  established  forms,  tbo  suspensive  veto 
of  a  Governor  or  a  President,  the  fbar  whiiJi  each  individual  Icgitlaloc 
S&Mrtiiiu  leal  the  ptopoMd  enwOnftOi,  tkta^tt  U  ma;  gratify  his  praoot 


THE  DMUinTED  POWER  OF  THE  ÏIAJOBITT. 


EFFECTS  OF  THE  OUNIPOTKNCB  OF  THE  HAJORITT  UPON 
THE  ARBITB&aT  ADTHOHITT  OP  AHEKICAN  PUBLIC  OP^ 
FICEBS. 

Ubert;  left  b;  the  Aroeriom  L«wi  to  FnbUo  Oflken  witUn  a  uitalii 
Sphere.  —  Their  Power. 

A  DiSTiMcnoK  most  be  drawn  between  tyranny  and 
arbitrary  power.  Tyranny  may  be  exercised  by  means  of 
the  law  itself,  and  in  that  case  it  is  not  arbitrary  ;  arbitrary 
power  may  be  exercised  for  the  public  good,  in  wliich  case 
it  is  not  tyrannical.  Tyranny  usually  employs  arbitrary 
means,  but,  if  necessary,  it  can  do  without  them. 

In  the  United  States,  the  omnipotence  of  the  majority, 
which  is  favorable  to  the  legal  despotism  of  the  legislature, 
likewise  fevors  the  arbitrary  authority  of  the  magistrate. 


pusion  or  tho  present  passioiiB  of  hia  coostitiieDta,  maj  work  hann  ta  him 
or  them  in  the  long  ma,  —  all  these  ore  aalutai;  ultguBidi  agoinst  tiia 
■bme  of  a  mighty  power. 

Agsin,  it  IB  ODtf  B  Bgnra  of  speech  to  i«prMeiit  the  majorit;  and  the 
niinarity  as  two  individoali  contending  with  each  other,  ihongh  veij  un- 
eqnalljr  matched.  A  m^oritj  is  not  one  man,  bat  a  mnltitnde  of  men,  and 
a  multitude  which  cannot,  by  any  degree  of  pohtical  skill  and  discipline, 
be  made  (o  think  or  act  as  one  man.  The  indlTidnals  who  compose  it  are 
the  majority  only  on  this  or  that  subject;  on  half  s  dozen  otlier  sal^iecti, 
eroy  one  of  them  may  be  a  member  of  a  minority  ;  on  some  points  — 
his  own  prirata  intere«l«,  for  example  —  he  may  stand  alone.  Thus  ûtn- 
Med,  be  ia  not  at  oil  likely  to  make  an  unscmpnlons  use  of  the  itec  strength 
of  the  greater  namber,  bat  will  generally  &ror  moderate  and  condliatory 
cotiDsels.  He  will  also  reflect,  that  the  change  of  a  very  few  votes  may 
placfl  the  majority  oa  tho  other  side  in  respect  to  tho  very  sabjects  on  which 
it  ia  no«r  with  him  ;  and  any  violent  expedient  which  he  may  now  adopt 
will  then  be  a  formidable  precedent  to  be  used  against  him. 

As  to  the  riots  in  Baltimore  and  elsewheie,  or  the  prejudice  which  so 
generally  operates  in  America  to  the  disadvantage  of  the  Negroes,  M.  de 
Tocqnevilla  forgets  that  snch  things  are  not  penihar  to  democracies.  Wit- 
ness the  Ko-Popcry  riot»  of  1780,  tiie  Biistol  riots  on  occasion  of  the 
B«fbrm  Bill,  the  frequent  emeutei  at  Paris,  and  a  thOBSand  othm  hisbnlieBl 
«■MB.— Am.  Ed. 


S36 


DEMOCBACT  IS   AMEBIOA. 


The  majority  has  absolute  power  botli  to  make  the  law  and 
to  watch  over  its  execution  ;  and  as  it  has  equal  authority 
over  those  who  are  in  power,  and  the  community  at  lai^, 
it  considers  public  officers  as  its  passive  agents,  and  readily 
confides  to  them  the  task  of  carrying  oat  its  designs.  Tlifl 
details  of  their  office,  and  the  privileges  which  tlioy  are  to 
enjoy,  are  rarely  defined  beforehand.  It  trijuls  them  as  a. 
master  does  his  servants,  since  they  are  always  at  woA  in 
his  sij^ht,  and  he  can  direct  or  reprimand  them  ftt  any 
instant. 

In  general,  the  American  functionaiiea  ai-e  far  more  in- 
dependent witliin  the  sphere  which  is  prescribed  to  them 
than  the  French  civil  officers.  Sometimes,  even,  Ihey  are 
allovvad  by  the  popular  authority  to  exceed  those  bounds  ; 
and /s  ilii-y  are  protected  by  the  opinion,  and  backed  by 
thaf  power,  of  the  majority,  they  dare  do  things  which 
emn  a  European,  accustomed  as  he  is  to  arbitrary  power, 
1  astonished  at.  By  this  means,  habits  are  formed  in  the 
neart  of  a  free  country  which  may  some  day  prove  fatal  to 
its  liberties. 


H/ 


la  AmericA,  when  llie  Miyontf  bu  once  iireTocabl}'  decided  >  Question,  iS 
Ditcns^on  ceues.  —  Bcuod  of  thii.  —  Moral  Power  exercised  by  th» 
Majority  npon  Opinioa.  — Democnlic  Bepnblki  hare  applied  Demo»- 
iim  to  the  Minds  of  Men. 

It  is  in  the  examination  of  the  exercise  of  thought  in 
the  United  States,  that  we  clearly  perceive  how  (àr  the 
power  of  the  majority  surpasses  all  the  powers  with  which 
we  are  acquainted  in  Europe.  Thought  is  an  invisible  and 
Bnbtile  power,  that  mocks  all  the  efforts  of  tyranny.  At 
the  present  time,  the  most  ateolute  monarchs  in  Europe 
aaahot  prevent  certûn  opinions  hostile  to  thdr  authority 


THE  infUHITED   POWEU  OF  THE  UAJORITT.  837 

from  circulating  in  secret  through  their  dominions,  and 
even  in  their  courts.  It  is  not  so  in  America  ;  as  long  as 
&e  majority  is  sdll  undecided,  discussion  is  carried  on  ;  but 
as  soon  as  its  decision  is  irrevocably  pronounced,  every  one 
is  silent,  and  the  â-iends  as  well  as  the  opponents  of  the 
measure  unite  in  assenting  to  its  propnety.  The  reason 
of  this  is  perfectly  clear:  no  monarch  is  so  absolute  as  to 
combine  all  the  powers  of  society  in  his  own  hands,  and 
to  conquer  all  opposition,  as  a  majority  is  able  to  do,  which 
has  the  right  both  of  making  and  of  executing  the  laws. 

The  authority  of  a  king  is  physical,  and  controls  the 
actions  of  men  without  subduing  their  will.  But  the  ma- 
jority possesses  a  power  which  is  physical  and  moral  at  the 
same  time,  which  acts  upon  the  will  as  much  as  upon  the 
actions,  and  represses  not  only  all  contest,  but  all  con- 
troversy. 

I  know  of  no  country  in  which  there  is  so  little  inde- 
pendence of  mind  and  real  freedom  of  discussion  as  in 
America.  In  any  constitutional  state  in  Europe,  every  sort 
ttf  religious  and  political  theory  may  be  freely  preached 
and  disseminated  ;  for  there  is  no  country  in  Europe  so 
subdued  by  any  single  authority,  as  not  to  protect  the  man 
who  raises  hi.s  voice  in  the  cause  of  truth  from  the  conse- 
quences of  his  hardihood.  If  he  is  unfortunate  enough  to 
live  under  an  absolute  government,  the  people  are  often 
upon  his  side  ;  if  he  inhabits  a  free  country,  he  can,  if 
necessary,  find  a  shelter  behind  the  throne.  Tlie  aristo- 
cratic part  of  society  supports  him  in  some  countries,  and 
the  democracy  in  others.  But  in  a  nation  where  demo- 
cratic institutions  exist,  organized  like  those  of  the  United 
States,  there  is  but  one  authority,  one  element  of  strength 
and  success,  with  nothing  beyond  it. 

In  America,  the  majority  nuses  formidable  barriers 
around  the  liberty  of  opinion  :  within  these  barriers,  an 
author  may  write  what  he  pleases  ;  but  woe  to  luxiv  ^  ^ 


888  iiEuocsAcr  im  America. 

goes  beyond  thom.  Not  tluit  he  à  in  danger  of  an  auio- 
da-/é,  Lut  lie  ia  esposod  to  contlnuetl  oUoqiiy  and  po> 
secution.  His  political  career  is  closeil  fi^rt'vpr,  since  he 
has  oSbndcd  the  only  authority  which  is  ahle  to  open 
it.  Every  sort  of  compensation,  even  that  of  celebrity,  is 
refiised  to  him,  Befoi-o  publishing  his  opinions,  ho  im- 
agined that  he  held  them  in  common  witli  others;  but  no 
sooner  has  he  declared  them,  than  he  is  loudly  censured  hy 
his  opponents,  whilst  those  who  think  like  him,  without 
having  the  courage  to  speak  out,  abandon  Iiim  in  silence. 
He  yields  at  length,  overcome  by  the  daily  effort  which  he 
has  to  make,  and  subsides  into  silence,  as  if  he  frit  remorse 
for  havint;  spoken  the  truth. 

Ffltrrs  and  licitdsmi-n  wtTC  the  coarse  instromcnls  which 
tyranny  formerly  employed  ;  but  the  civilization  of  our  age 
has  perfected  despotism  itself,  though  it  seemed  to  have 
nothing  to  learn.  Monarchs  had,  so  to  speak,  materialized 
oppression  :  the  democratic  republics  of  the  present  day 
have  rendered  it  as  entirely  an  affair  of  the  mind,  as  the 
will  which  it  is  intended  to  coerce.  Under  the  absolute 
sway  of  one  man,  the  body  was  attached  in  order  to  sub- 
due the  sold  ;  but  the  soul  escaped  the  blows  which  were 
dkected  against  it,  and  rose  proudly  superior.  Such  is  not 
the  course  adopted  by  tyranny  in  democratic  republics  ; 
there  tlio  body  is  left  free,  and  the  soul  is  enslaved.  The 
master  no  longer  says,  "  You  shall  think  ns  I  do,  or  you 
sliall  die  "  ;  but  he  says,  "  You  are  free  to  think  differently 
from  me,  and  to  retain  your  life,  your  property,  and  all 
that  you  possess  ;  but  you  are  henceforth  a  stranger  among 
your  people.  You  may  retain  your  civil  rights,  but  they 
will  be  useless  to  you,  for  you  will  never  be  chosen  by 
your  fellow-citizens,  if  you  solicit  their  votes  ;  and  they  will 
affeet  to  scorn  you,  if  you  ask  for  their  esteem.  You  will 
remain  among  men,  but  you  will  be  deprived  of  the  rights 
t^  Biankind.     Your  f-'llow-creatures  will  shun  you  like  aa 


THE  tlNLIMITED  POWER   OF  THE  MAJORITY.  889 

tmptire  being  ;  and  even  those  who  believe  in  yonr  inno- 
cence will  abandon  you,  lest  tbey  should  be  shunned  in  . 
their  turn.     Go  in  peace  I     I  have  given  you  your  life, 
but  it  is  an  existence  worse  than  death." 

Absolute  monarchies  had  dishonored  despotism  ;  let  us 
beware  lest  democratic  republics  should  reinstate  it,  and 
render  it  less  odious  and  degrading  in  the  eyes  of  the  many, 
by  malting  it  still  more  onerous  to  the  few. 

Works  have  been  published  in  the  proudest  nations  of 
the  Old  World,  expressly  intended  to  censure  the  vices 
and  the  follies  of  the  times  :  Labruyère  inhabited  the  pal- 
ace of  Louis  XIV,,  when  he  composed  his  chapter  upon 
the  Great,  and  Moliùre  criticised  the  courtiers  in  the  pieces 
which  were  acted  before  the  court.  But  the  ruling  power 
in  the  United  States  is  not  to  be  made  game  of.  The 
smallest  reproach  irritates  its  sensibility,  and  the  slightest 
joke  which  has  any  foundation  in  trutli  renders  it  indig- 
nant ;  from  the  forms  of  its  language  up  to  the  solid  vir- 
tues of  its  character,  everything  must  be  made  the  subject 
of  encomium.  No  writer,  whatever  be  his  eminence,  can 
escape  paying  this  tribute  of  adulation  to  his  fellow-citizens. 
The  majority  lives  in  the  perpetual  utterance  of  seltap- 
plause  ;  and  there  are  certain  truths  which  the  Americans 
can  only  learn  from  strangers  or  irom  experience. 

If  America  has  not  as  yet  had  any  great  writers,  the 
reason  is  given  in  these  fiicts  ;  there  can  be  no  literary 
genius  without  freedom  of  opinion,  and  freedom  of  opinion 
does  not  exist  in  America.  The  Inquisition  has  never 
been  able  to  prevent  a  vast  number  of  anti-religious  books 
from  circulating  in  Spain.  The  empire  of  the  majority' 
succeeds  much  better  in  the  United  States,  since  it  actually 
removes  any  wish  to  publish  them.  Unbelievers  are  to  be 
met  with  in  America,  but  there  is  no  public  organ  of 
infidelity.  Attempts  have  been  made  by  some  govern- 
ments to  protect  morality  by  proliibiting  \\cetv^\o\ja  \«n^. 


340  DEUOCBACT  DT  AHCIIGUL 

In  the  United  States,  no  one  is  jhmished  ftff  ûSà  wart  of 
books,  but  no  one  is  induced  to  write  them  ;  not  becanM 
all  tlio  citizens  are  inunacolate  ïn  conduct,  bat  becnue  Ae 
mnjority  of  the  community  is  decent  and  ordeiljr- 

Tn  this  case  the  use  of  the  power  is  nnqnestionablj  good  ; 
III  L«un  discussing  the  nature  of  the  power  itself.     Tfak 
e  authority  is  a  constant  fitct,  and  its  j 
h  only  an  acddent.* 


OF   THE  TTBAHHT  OF  THE   MAJOBITT  XTPOti    IHB 

TIOXi^L  CHAKACTBR  OT  THE  AHBtUOAHa. THE  OOVB- 

TTER-SPIBIT   IN  THE  imiTED  STATES. 

Enrtlf  of  thi  Tjnainj  of  the  Majority  more  «eaùbly  felt  hitherto  on  tb« 
Mhiuicis  than  on  the  ConJan  of  Sodcty.  —  Tlicy  check  the  Develop- 
ment  of  grvat  CharnrCcn.  —  Dcmoonrii;  Rcpnlilira,  oi^nizcil  like  the 
UniiMl  Stales,  infuse  the  Courtier-spirit  into  Iho  Mass  of  the  People.  — 
Proofs  of  thii  Spirit  in  the  United  State*,  —  Why  thcni  is  morn  Fatriot- 
itm  in  tlie  People  tlian  in  thoM  who  govern  in  their  Kamo. 

The  ttnidencies  which  I  have  just  mentioned  are  as 
yet  but  slightly  perceptible  in  political  society  ;  but  they 
already  exercise  an  unfavorable  influence  upon  tlie  national 
character  of  the  Americans.  I  attribute  the  small  number 
of  distinguished  men  in  political  life  to  the  ever-increasing 
despotism  of  the  majority  in  the  United  States. 

When  the  American  Revolution  broke  out,  they  arose 
in  great  numbers  ;  for  public  opinion  then  served,  not  to 
tyrannize  over,  but  to  direct  the  exertions  of  individuals. 
Tliose  celebrated  men,  sharing  die  a^tation  of  mind  com* 

■  De  Tocqueville's  remarks  on  this  «abject  aie  rhctorirai,  and  altOKCther 
too  highly  colored.  It  is  notorious,  that,  in  politics,  morality,  and  religion, 
the  mogt  oRengive  opinions  are  preached  and  printed  every  week  here  in 
America,  apparently  for  no  other  purpose  than  that  of  shocking  the  senti- 
nunU  of  the  great  hulk  of  the  community.  Instcail  of  complaining  of  tin 
fconda^  of  thought,  the  jniliciona  observer  will  ntlher  giievo  at  tha  eztcmaa 
ifoBDtioiLjnesa  of  the  rostrum  «nl  l^ie  ft«N. —  tks.lfA. 


THE  UNLIUITED  POWEB  OF  TBE  HAJOBITY.  341 

mon  at  that  period,  had  a  grandeur  peculiar  to  themselves, 
which  was  reflected  back  upon  the  nation,  but  was  by  no 
means  borrowed  from  it. 

In  absolute  govermnents,  the  great  nobles  who  are  near- 
est to  the  Uirone  flatter  the  passions  of  the  sovereign,  and 
volnntarilj  truckle  to  his  caprices.  But  the  mass  of  the 
nation  does  not  degrade  itself  by  servitude  ;  it  often  sub- 
mits from  weakness,  from  habit,  or  from  ignorance,  and 
sometimes  from  loyalty.  Some  nations  have  been  known 
to  sacrifice  their  own  desires  to  tliose  of  the  sovereign  with 
pleasure  and  pride,  thus  exhibiting  a  sort  of  independence 
of  mind  in  the  very  act  of  submission.  These  nations  are 
miserable,  but  they  are  not  degraded.  There  is  a  great 
difference  between  doing  what  one  does  not  approve,  and 
feigning  to  approve  what  one  does  ;  the  one  is  the  weakness 
of  a  feeble  peraon,  the  other  befits  the  temper  of  a  lackey. 

In  free  countries,  where  every  one  is  more  or  less  called 
upon  to  give  his  opinion  on  affaira  of  state,  —  in  democratic 
republics,  where  public  life  is  inceSsantly  mingled  with  do- 
mestic aflairs,  where  the  sovereign  authority  is  accessible 
on  every  side,  and  where  its  attention  can  always  be  at- 
tracted by  vociferation,  —  more  persons  are  to  be  met  with 
who  speculate  upon  its  weaknesses,  and  live  upon  minis- 
tering to  its  passions,  than  in  absolute  monarchies.  Not 
because  men  are  naturally  worse  in  these  states  than  else- 
where,  but  the  temptation  is  stronger  and  of  easier  access 
at  the  same  time.  The  result  is  a  more  extensive  debase- 
ment of  character. 

Democratic  republics  extend  the  practice  of  currying 
&vor  with  the  many,  and  introduce  it  into  all  classes 
at  once  :  this  is  the  most  serious  reproach  that  can  be 
addressed  to  them.  This  is  especially  true  in  democratic 
states  organized  like  the  American  republics,  where  the 
power  of  the  majority  is  so  absolute  and  irresistible  that 
(me  must  give  up  his  rights  as  a  citizen,  and  almost  ah^nx» 


S42  DEHOCBACT  IN  AMEBIOA. 

his  qualities  as  a  man,  if  he  intends  to  straj  from  the  track 
which  it  prescribes. 

In  that  immense  crowd  which  throngs  the  avenues  to 
power  in  the  United  States,  I  found  very  few  men  who 
displayed  that  manly  candor  and  masculine  independence 
of  opinion  which  frequently  distinguished  the  Americans 
in  former  times,  and  which  constitutes  the  leading  feature 
in  distinguished  characters  wheresoever  tliey  may  be  found. 
It  seems,  at  first  sight,  as  if  all  the  minds  of  the  Ameri- 
cans were  formed  upon  one  model,  so  accurately  do  thej 
follow  the  same  route.  A  stranger  does,  indeed,  sometimes 
meet  with  Americans  who  dissent  from  the  rigor  of  these 
formularies,  —  with  men  who  deplore  the  defects  of  the 
laws,  tlie  mutability  and  the  ignorance  of  democracy,  — 
wlio  even  go  so  fur  as  to  observe  tlie  evil  tendencies  wliich 
impair  the  national  character,  and  to  point  out  such  reme- 
dies as  it  might  be  possible  to  apply  ;  but  no  one  is  there  to 
hear  them  except  yourself,  and  you,  to  whom  these  secret 
reflections  are  confided,  are  a  stranger  and  a  bird  of  pas- 
sage. They  are  vcr^"  ready  to  communicate  truths  which 
are  useless  to  you,  but  they  hold  a  different  language  in 
public. 

If  ever  these  lines  are  read  in  America,  I  am  well  as- 
sured of  two  tliin<Ts  ;  —  in  the  first  place,  that  all  who 
l)eruse  tlicm  will  raise  their  voices  to  condemn  me  ;  and, 
in  the  second  place,  that  many  of  them  will  acquit  me  at 
tfie  bottom  of  their  conscience. 

I  have  heard  of  j)atriotism  in  the  United  States,  and  I 
have  found  true  patriotism  among  the  people,  but  never 
among  tlio  leaders  of  the  people.  This  may  be  explained 
by  analog}^  :  despotism  debases  the  oppi'essed  much  more 
than  the  oi)pressor  :  in  absolute  monarchies,  the  king  often 
has  great  virtues,  but  the  courtiers  are  invariably  servile. 
It  is  true  that  American  courtiers  do  not  say  *^  Sire,*'  or 
*'  Your   Majesty,"  —  a   distinction   witliout   a  différence 


THE  TJKLIMITED   POWEB  OF  THE  HAJOMTr.  348 

They  are  forever  talking  of  the  natural  intelligence  of  the 
people  whom  they  serve  :  they  do  not  debate  the  question 
which  of  the  virtues  of  their  master  is  pre-eminently  wor- 
thy of  admiration,  for  they  assure  him  that  he  possesses  all 
the  virtues  without  having  acquired  them,  or  without  caring 
to  acquire  them  ;  tliey  do  not  give  him  their  daughters  and 
their  wives  to  he  raised  at  his  pleasure  to  the  rank  of  his 
concubines  ;  but,  by  sacrificing  their  opinions,  they  prosti- 
tute themselves.  Moralists  and  philosophers  in  America 
are  not  obliged  to  conceal  their  opinions  under  the  veil  of 
allegory  ;  but  before  they  venture  upon  a  harsh  truth,  they 
say,  "  We  are  aware  that  the  people  whom  we  are  address- 
ing  are  too  superior  to  the  weaknesses  of  human  nature  to 
lose  the  command  of  their  temper  for  an  instant.  We 
should  not  hold  this  language  if  we  were  not  speaking  to 
men  whom  their  rirtues  and  their  intelligence  render  more 
worthy  of  freedom  than  all  the  rest  of  the  world."  The  syc- 
ophants of  Louis  XIV,  could  not  flatter  more  dexterously. 
For  my  part,  I  am  persuaded  that,  in  all  governments, 
whatever  their  nature  may  be,  serviUty  will  cower  to  force, 
and  adulation  will  follow  power.  The  only  means  of  pre- 
venting men  from  degrading  themselves  b  to  invest  no  one 
with  that  unlimited  authori^  which  ia  the  sure  method  of 
debasing  them. 


Democratic  licpublica  liable  lo  perish  from  &  Misnse  of  their  Power,  and 
not  Ironi  Impotence.  —  The  GaTcmmeDti  of  the  American  Itepablics 
are  more  Cenlralized  and  moce  Energetic  tlian  tiuue  of  the  Monarchies 
of  Europe.  —  Dangers  resalttng  from  thii.  —  Opiniooa  of  Madison  and 
JeBèrsoQ  npon  this  Point. 

GoYEBKMENTS  Usually  perish  from  impotence  or  from   I 
tyranny.     In  the  former  case,  their  power  e&c»\^  *bc^»fi.  '' 


844  DEMOCRACY  IS  AHEEIOA. 

them  ;  it  Is  wrested  from  th^  gnisp  in  Uie  l&tter.  Many 
observers  who  liave  witDessed  the  anarchy  of  democratic 
states,  have  imagined  that  the  government  of  tliose  states 
was  naturally  weak  and  Impotent.  -The  truth  is,  that, 
wlien  war  is  once  begun  between  parties,  the  government 
loses  its  control  over  society.  But  I  do  not  tliink  that  a 
democratic  power  is  naturally  mthout  force  or  resources  ; 
say,  rather,  that  it  is  almost  always  by  the  abuse  of  ita 
force,  and  the  mi3emplo3-ment  of  its  resources,  tliat  it  be- 
comes a  fjulure,  Anarcliy  is  almost  alwaj-s  produced  by 
ita  tyranny  or  its  mistakes,  but  not  Vy  its  want  of  strength. 
It  is  important  not  to  confound  stability  with  force,  or 
the  greatness  of  a  thing  with  its  duration.  In  democratic 
republics,  the  power  which  directs"  society  is  not  stable; 
for  it  often  changes  bands,  and  assumes  a  new  direction. 
But,  whichever  way  it  turns,  its  force  is  almost  irresistible. 
The  governments  of  the  American  republics  appear  to  me 
I  to  be  as  much  centralized  as  those  of  the  absolute  monarch- 
\  ies  of  Europe,  and  more  energetic  than  they  are.  I  do  not, 
I  therefore,  imagine  that  they  will  perish  from  weakuess-f 
/  If  ever  the  free  institutions  of  America  are  destroyed, 
that  event  may  be  attributed  to  the  omnipotence  of  the 
majority,  which  may  at  some  future  time  urge  the  n 
ities  to  desjieration,  and  oblige  them  to  have  i 
physical  force.  Anarchy  will  then  be  the  result,  but  it 
\  will  have  been  brought  about  by  despotism. 

Mr.  Madison  expresses  the  same  opinion  in  the  Federal- 
ist, No.  51.     *'  It  is  of  great  importance  in  a  republic,  not 

■  Thia  power  ma;  be  ceotralized  Id  mi  assembly,  m  wbich  ose  It  «ill  b« 
strong  without  being  itable  ;  or  it  diaj  be  centralized  in  an  indiridaaJ,  in 
which  cue  it  will  be  leu  itrong,  bat  more  stable. 

t  I  presume  that  it  is  scanxlf  aeixaaij  to  ttmintl  the  ttader  here,  m  well 
■s  throughout  this  chapter,  thst  I  am  ipeoking,  cot  of  the  Fdlcral  govran. 
■nents,  but  of  the  sevenU  gorenunetua  of  each  Btate,  which  the  mqjoiit; 
«obols  at  ita  pleanire. 


THE  UNLIMITED   POWEE  OP  THE  MAJORITT.  ^6 

only  to  gusrd  the  society  against  the  impression  of  ita  rul- 
ers, but  to  guard  one  part  of  the  society  against  the  injus- 
tice of  the  other  part.  Justice  is  the  end  of  government. 
It  is  the  end  of  civil  aoâety.  It  ever  has  been,  and  ever 
will  be,  pursued  until  it  be  obtained,  or  until  liberty  be 
lost  in  the  pursuit.  In  a  society,  under  the  forms  of  which 
the  stronger  faction  can  readily  unite  and  oppress  the 
weaker,  anarchy  may  as  truly  be  said  to  reign  as  in  a 
slate  of  nature,  where  the  weaker  individual  is  not  secured 
against  the  violence  of  the  stronger  :  and  as,  in  the  latter 
state,  even  the  stronger  individuals  are  prompted  by  the 
uncertainty  of  their  condition  to  submit  to  a  government 
which  may  protect  the  weak  as  well  as  tliemselves,  so,  in 
the  former  state,  will  the  more  powerftil  actions  be  grad- 
ually induced  by  a  like  motive  to  wish  for  a  government 
which  will  protect  all  parties,  the  weaker  as  well  as  the 
more  powerful.  It  can  be  little  doubted,  that,  if  the  State 
of  Rliode  Island  was  separated  from  the  Confederacy  and 
left  to  itself,  the  insecurity  of  right  under  the  popular  form 
of  government  within  such  narrow  limits  would  be  dis- 
played by  such  reiterated  oppressons  of  the  factious  major> 
ities,  that  some  power  altogether  independent  of  the  people 
would  soon  be  called  for  by  the  voice  of  the  very  factions 
whose  misrule  had  proved  the  necessity  of  it." 

Jefferson  also  said  ;  "  The  executive  power  in  our  gov- 
ernment is  not  the  only,  perhaps  not  even  the  principal, 
object  of  my  solicitude.  The  tyranny  of  the  le^slature  is 
really  the  danger  most  to  be  feared,  and  will  continue  to  be 
so  for  many  years  to  come.  The  tyranny  of  the  executive 
power  will  come  in  its  torn,  but  at  a  more  distant  period," 

I  am  glad  to  cite  the  opinion  of  Jefferson  upon  this  sub- 
ject rather  than  that  of  any  other,  because  I  consider  him 
thu  most  powerftU  advocate  democracy  has  ever  had. 


DKUÛCBÂCY  IK  AMEBICA. 


CHAPTER    XVI. 


AB3EMCS   OF  CEin'RALtZED    ADMINIfflHATIOlf. 

The  Naiional  Miyority  do«  not  pretend  to  do  eTeryihing.  —  Is  obliged  to 
emploj  the  Tovm  and  Couatj  Magistrales  to  extxale  its  sovercij^  Will. 

I  HAVE  already  pointed  out  the  distinction  between 
a  centralized  government  and  a  centralized  adminis- 
tration. The  former  exists  in  America,  hut  the  latter  is 
nearly  imkuowii  tlierc.  If  tlie  directing  power  of  the 
American  communities  had  both  these  instruments  of  gov- 
ernment at  its  disposal,  and  united  the  habit  of  executing 
its  commands  to  the  right  of  commanding  ;  if,  after  having 
established  the  general  princijiles  of  government,  it  de- 
scended to  the  details  of  their  application  ;  and  if,  having 
reguUtted  the  great  interests  of  the  country,  it  could  dp- 
sceiid  to  the  circle  of  individual  interests,  freedom  wotdd 
soon  he  banished  fi-ora  the  New  World. 

But  in  the  United  States,  the  majority,  which  so  fre- 
quently displays  the  tastes  and  the  propensities  of  a  despot, 
is  still  destitute  of  the  most  perfect  instruments  of  tyranny. 

In  the  American  i-epuhlics,  the  central  government  has 
nevtT  as  yet  busied  itself  but  with  a  small  number  of 
objects,  sufficiently  prominent  to  attract  its  attention.  The 
secondary  afl'airs  of  society  have  never  been  regnlatcd  by 
its  iiiitboriiy  ;  and  nothing  has  hitherto  betrayed  its  desire 
of  even    interfering   in   them.     The  majority   is   become 


MITIGATIONS  OF  THE  TYRANNY  OF  THE  MAJOKITY.     847 

more  and  more  absolute,  but  has  not  increased  the  prerog- 
atives of  the  central  government  ;  those  great  prerogatives 
have  been  confined  to  a  certain  sphere  ;  and,  although  the 
despotism  of  the  majority  may  be  galling  upon  one  point, 
it  cannot  be  said  to  extend  to  all.  However  the  predomi- 
nant party  in  the  nation  may  be  carried  away  by  its  pas- 
sions, however  ardent  it  may  be  in  the  pursuit  of  its 
projects,  it  cannot  oblige  all  the  citizens  to  comply  with  its- 
desires  in  the  same  manner,  and  at  the  same  time,  through- 
out the  country.  When  die  central  government  which 
represents  that  majority  has  issued  a  decree,  it  must  in- 
trust the  execution  of  its  will  to  agents,  over  whom  it  fre- 
quently has  no  control,  and  whom  it  cannot  ^perpetually 
direct.  The  townships,  municipal  bodies,  and  counties 
form  so  many  concealed  breakwaters,  which  check  or  part 
the  tide  of  popular,  determination.  If  an  oppressive  law 
were  passed,  liberty  would  still  be  protected  by  the  mode 
of  executing  that  law  ;  the  majority  cannot  descend  to  the 
details  and  what  may  be  called  tlie  puerilities  of  adminis- 
trative tyranny.  It  does  not  even  imagine  that  it  can  do 
80,  for  it  has  not  a  full  consciousness  of  its  authority.  It 
knows  only  the  extent  of  its  natural  powers,  but  is  unac- 
quainted with  the  art  of  increasing  them. 

This  point  deserves  attention;  for  if  a  democratic  re- 
public, similar  to  that  of  the  United  States,  were  ever 
founded  in  a  country  where  the  power  of  one  man  had 
pre\îously  established  a  centralized  administration,  and  had 
sunk  it  deep  into  the  liabits  and  the  laws  of  the  people,  I 
do  not  hesitate  to  assert,  that,  in  such  a  republic,  a  more 
insufferable  despotism  would  prevail  than  in  any  of  the 
absolute  monarchies  of  Europe  ;  or,  indeed,  than  any 
which  could  be  found  on  this  side  of  Asia. 


DEaOCRACÏ   IS  AMEEICA- 


UlitiC;  of  asocrtainiug  what  aiK  Ihe  a&lurftl  liiEttnut»  oC  tbe  L(!^  Fm- 
fosiuQ.  —  Tliixo  Men  ore  to  act  a  iiroinïiiiMit  Port  in  tiitun  SocieQ'.  — 
How  the  pocQliar  Pomin  of  I«wjen  giro  an  aristoinitic  Turo  to 
llioir  Iiltu.  —  Aividenta]  CaoH»  whirh  miij  rheik  iKis  Tcniicnct. — 
Ease  mlh  which  the  Ariaocnuy  catleMaa  with  Ifg&l  Mcd.  —  Uae  of 
LawyEn  to  a  Dcapot. —  Tho  Prolcuioa  of  the  Law  constiiutcs  the  aalj 
uùiocruic  Elcmsnt  with  wliich  the  iuiutilI  ElDinoutt  of  DemocTscf 
will  comiiino.  —  Peculiar  Caiuca  which  tend  lo  give  an  arialocrBtii-  Tutu 
of  Mind  to  Engli^  and  American  Lawyers. — The  Aiiitoviaoy  of 
America  is  on  the  Bench  and  at  tlie  Bar.  '-  InBocnce  of  L«wTcra  apon 
American  Society.  —  Their  pccoliur  Magislenul  Spirit  aflucts  tlic  Legû- 
Utoro,  tho  Âdmiiiistnilion,  and  er«xi  the  People. 


In  visiting  tlie  Americans  and  smdying  their  laws,  we 
perceivo  that  the  atithority  they  have  intrusted  to  members 
of  the  legal  profession,  and  the  înâuence  which  these  indi- 
viduals  exercise  in  the  government,  is  the  moat  powerful 
existing  security  against  the  excesses  of  democracy.  This 
effect  seems  to  me  to  result  &om  a  general  cause,  which  it 
is  useful  to  investigate,  as  it  may  be  reproduced  elsewhere. 

The  members  of  the  legal  profession  have  taken  a  part 
in  all  the  movements  of  political  society  in  Europe  for  the 
last  five  hundred  years.  At  one  time,  they  have  been  the 
instruments  of  the  pohtical  authorities,  and  at  another, 
they  have  succeeded  in  converting  the  political  authorities 
into  their  instruments.  In  the  Middle  Ages,  they  afforded 
a  powerful  support  to  the  Crown  ;  and  since  that  period, 
they  have  exerted  themselves  efiectively  to  limit  the  royal 
prerogative.  In  England,  they  have  contracted  a  close 
alliance  with  the  aristocracy:  in  France,  they  have  shown 
themselves  its  most  dangerotis  enemies.  Under  alt  these 
circumstances,  have  the  members  of  the  legal  profession 
been  swayed  by  sudden  and  fieeting  impulses,  or  have  they 
been  more  or  less  impelled  by  instincts  which  are  natazal 


UrriGATIONS  OF  THE  TYBANNT   OF  THE  MAJORITT.    349 

to  them,  and  which  will  always  recur  in  history  ?  I  am 
incited  to  this  investigation,  for  perhaps  this  particular  class 
of  men  will  play  a  prominent  part  in  the  political  socie^ 
which  is  soon  to  be  created.  "" 

Men  who  have  made  a  special  study  of  the  laws  derive 
&om  this  occupation  certain  habits  of  order,  a  taste  for  for- 
malities, and  a  kind  of  instinctive  regard  for  the  regular 
connection  of  ideas,  which  naturally  render  them  very  hos- 
tile to  the  revolutionary  spirit  and  the  unreflecting  passions 
of  tlie  multitude. 

The  special  information  which  lawyers  derive  from  their 
studies  insures  them  a.  separate  rank  in  society,  and  th^ 
constitute  a  sort  of  privileged  body  in  the  scale  of  intellect. 
This  notion  of  their  superiority  perpetually  recurs  to  them 
in  the  practice  of  their  profession  :  they  are  the  masters  of 
a  science  which  is  necessary,  but  which  is  not  very  gen- 
erally known  ;  tliey  serve  as  arbiters  between  the  citizens  ; 
and  the  habit  of  directing  to  their  purpose  the  blind  pas- 
sions of  parties  in  litigation,  inspires  them  with  a  certain 
contempt  for  the  judgment  of  the  multitude.  Add  to  tliis, 
that  they  naturally  constitute  a  body  ;  not  by  any  previous 
understanding,  or  by  an  agreement  which  directs  them  to  a 
common  end  ;  but  the  analog  of  their  studies  and  the  uni- 
formity of  their  methods  connect  their  minds  together,  as 
a  common  interest  might  unite  their  endeavors. 

Some  of  the  tastes  and  the  habits  of  the  aristocracy  may 
consequently  be  discovered  in  the  characters  of  lawyers. 
They  participate  in  the  same  instinctive  love  of  order  and 
formalities  ;  and  tiicy  entertdn  the  same  repugnance  to  the 
actions  of  the  multitude,  and  the  same  secret  contempt  of 
the  government  of  the  people.  I  do  not  mean  to  say  that 
the  natural  propensities  of  lavryers  are  sufficiently  strong 
to  sway  them  irresistibly  ;  for  they,  like  most  otlier  men, 
are  governed  by  their  private  interests,  and  especially  hy 
the  interests  of  the  moment. 


850  DEMOCBACT  TS  AMEBIOA. 

In  8  state  of  society  in  which  the  members  of  the  legal 
profession  cannot  hold  that  rank  in  the  political  world 
which  they  enjoy  in  priTUte  life,  we  may  rest  assured  that 
th^  will  he  the  foremost  agents  of  revoInUon.  But  it 
must  then  be  inquired,  whether  the  cause  which  then 
induces  them  to  innomte  and  destroy  results  from  a  per- 
manent disposition  or  from  en  accident.  It  is  true  that 
lawyer?  mainly  contributed  to  the  overthrow  of  tlie  Frendi 
monarchy  in  1789  ;  but  it  remains  to  be  seen  whetlier  they 
acted  tlius  because  they  bad  studied  the  laws,  or  because 
they  were  prohibited  from  making  them. 

Five  hundred  years  ago,  the  English  noUes  headed  the 
people,  and  spoke  in  their  name  ;  at  the  present  time,  the 
aristocracy  support  the  throne,  and  defend  tlie  royal  pre- 
rogative. But  aristocracy  has,  notwithstanding  tliis,  its 
peculiar  instincts  and  propensities.  We  must  be  carefiil 
not  to  confound  isolated  members  of  a  body  with  the  body 
itself.  In  111!  free  governments,  of  whatsoever  form  they 
may  bo,  members  of  the  legnl  profession  will  be  found  in 
the  front  ranks  of  all  parties.  The  same  remark  is  also 
applicable  to  the  aristocracy  ;  almost  all  the  democratic 
movements  which  have  agitated  the  world  have  been  di- 
rected by  nobles.  A  privileged  body  can  never  satisfy 
the  ambition  of  all  its  members  :  it  lias  always  more  tal- 
ents and  more  passions  than  it  can  find  places  to  content 
and  ciii])loy  ;  so  tliat  a  considerable  number  of  i)Kli\'idual3 
are  usually  to  be  met  with,  who  are  inclined  to  attack 
those  vvvy  privileges  which  they  cannot  soon  enough  turn 
to  their  own  aceoimt. 

I  do  not,  then,  assert  that  all  the  members  of  the  legal 
profession  are,  at  all  times,  the  friends  of  order  and  the 
opponents  of  innovation,  but  merely  that  most  of  them  are 
usnuHv  so.  In  a  community  in  which  lawyers  are  allowed 
to  oceiipy  without  opposition  that  high  station  which  nati*. 
rally  belongs  to  them,  their  general  spirit  will  be  emineatly 


MITIGATIONS   OF  THE  TYKANNY   OF  THE  MAJORITY.     351 

conservative  and  anti-democratic.  When  an  aristocracy 
excludes  the  leaders  of  tiiat  profession  from  its  ranks,  it 
excites  enemies  who  are  the  more  formidable  as  they  are 
independent  of  the  nobiUty  by  their  labors,  and  feel  them- 
selves to  be  their  equals  in  intelligence,  though  inferior  in 
opulence  and  power.  But  whenever  an  aristocracy  con- 
sents to  impart  some  of  its  pri\'ileges  to  these  same  individ- 
uals, the  two  classes  coalesce  very  readily,  and  assume,  as 
it  were,  family  interests. 

I  am,  in  like  manner,  inclined  to  believe  that  a  monarclï 
will  always  be  able  to  convert  legal  practitioners  into  the 
most  ser^'iceable  instruments  of  his  authority.  There  is  a 
fiir  greater  affinity  between  this  class  of  persons  and  the 
executive  power,  than  there  is  between  them  and  the  peo- 
ple, though  they  have  often  aided  to  overturn  the  former  ; 
just  as  there  is  a  greater  natural  affinity  between  the  nobles 
and  the  monarch,  than  between  the  nobles  and  the  people, 
although  the  higher  orders  of  society  have  often,  in  con- 
cert with  the  lower  classes,  resisted  the  prerogative  of  the 
crown. 

Lawyers  are  attached  to  public  order  beyond  every  other 
consideration,  and  the  best  security  of  public  order  is  au- 
thority. It  must  not  be  forgotten,  also,  that,  if  they  prize 
freedom  much,  they  generally  value  legality  still  more: 
they  are  less  afraid  of  tyranny  than  of  arbitrary  power  ; 
and,  provided  the  legislature  undertakes  of  itself  to  deprive 
men  of  their  independence,  they  are  not  dissatisfied. 

I  am  therefore  convinced  that  the  prince  who,  in  pres- 
ence of  an  encroaching  democracy,  shoidd  endeavor  to 
impair  the  judicial  authority  in  his  dominions,  and  to 
diminish  the  political  influence  of  lawyers,  would  commit 
a  great  mistake  :  he  would  let  slip  the  substance  of  au- 
thority to  grasp  the  shadow.  He  would  act  more  wisely 
in  introducing  lawyers  into  the  government  ;  and  if  he 
intrusted  despotism  to  them  under  the  form  of  vvol<£ûRa^ 


852  DEMOCRACT  IN  AHEBICA. 

perhaps  he  would  find  it  again  in  their  hands  under  Ae 
external  featores  of  justice  and  law. 

The  government  of  democracy  is  fitvorable  to  the  polit- 
ical power  of  lawyers  ;  for  when  the  wealthy,  the  noble, 
and  the  prince  are  excluded  from  the  government,  the  law- 
yers take  possession  of  it,  in  their  own  right,  as  it  were, 
since  they  are  the  only  men  of  information  and  sagaci^, 
beyond  the  sphere  of  the  people,  who  can  be  the  object  of 
the  popular  choice.    If,  then,  they  are  led  by  their  tastes 
towards  the  aristocracy  and  the  prince,  they  are  brought 
in  contact  with  the  people  by  their  interests.    They  Uke 
the  government  of  democracy,  without  participating  in  its 
propensities  and  without  imitating  its  weaknesses  ;  whence 
they  derive  a  twofold  authority  from  it  and  over  it.     The 
people  in  democratic  states  do  not  mistrust  tlie  members  of 
the  legal  profession,  because  it  is  known  that  they  are  in- 
terested to  serve  the  popular  cause  ;  and  the  people  listen 
to  them  without  irritation,  because  they  do  not  attribute 
to  them  any  sinister  designs.      The  lawyers  do  not,  in- 
deed, wish  to   overthrow  the  institutions   of  democracy, 
but   they  constantly  endeavor   to   turn  it  away  from  its 
real  direction  by  means  which  are  foreign  to  its  nature. 
Lawyers  belong  to  the  people  by  birth  and  interest,  and 
to  the  aristocracy  by  habit  and  taste  ;  they  may  be  looked 
upon  as  the  connecting  link  of  the  two  great  classes  of 
society. 

The  profession  of  the  law  is  the  only  aristocratic  element 
which  can  be  amalgamated  without  violence  with  the  nat- 
ural elements  of  democracy,  and  be  advantageously  and 
permanently  combined  with  them.  I  am  not  ignorant  of 
the  defects  inherent  in  the  character  of  this  body  of  men  ; 
but  without  this  admixture  of  lawyer-Kke  sobriety  with 
the  democratic  principle,  I  question  whether  democratic 
institutions  could  long  be  maintained  ;  and  I  cannot  be- 
lieve that  a  republic  could  hope  to  exist  at  tlie  present 


MITIGATIONS   OF  THE  TYBANNT  OF  THE  MAJOBITT.     358 

time,  if  the  influence  of  lawyers  in  public  business  did  not 
increase  in  proportion  to  the  power  of  the  people. 

This  aristocratic  character,  which  I  hold  to  be  common 
to  the  legal  profession,  is  much  more  distinctly  marked  in 
the  United  States  and  in  England  than  in  any  other  coun- 
try. This  proceeds  not  only  from  the  legal  studies  of  the 
English  and  American  lawyers,  but  from  the  nature  of  the 
law,  and  the  position  which  these  interpreters  of  it  occupy, 
in  the  two  countries.  The  English  and  the  Americans 
have  retained  the  law  of  precedents  ;  that  is  to  say,  they 
continue  to  found  tlieir  legal  opinions  and  the  decisions  of 
their  courts  upon  the  opinions  and  decisions  of  their  prede- 
cessors. In  the  mind  of  an  English  or  American  lawyer, 
a  taste  and  a  reverence  for  what  is  old  is  almost  always 
united  with  a  love  of  regular  and  lawful  proceedings. 

This  predisposition  has  another  eflect  upon  the  character 
of  the  legal  profession  and  upon  the  general  course  of  soci- 
ety. The  English  and  American  lawyers  investigate  what 
has  been  done  ;  the  French  advocate  inquires  what  should 
have  been  done  :  the  former  produce  precedents  ;  the  lat- 
ter, reasons.  A  French  observer  is  surprised  to  hear  how 
often  an  English  or  an  American  lawyer  quotes  the  opin- 
ions of  others,  and  how  little  he  alludes  to  his  own  ;  Whilst 
the  reverse  occurs  in  France.  There  the  most  trifling  liti- 
gation is  never  conducted  without  the  introduction  of  an 
entire  system  of  ideas  peculiar  to  the  counsel  employed  ; 
and  the  fundamental  principles  of  law  are  discussed  in 
order  to  obtain  a  perch  of  land  by  the  decision  of  the 
court.  This  abnegation  of  his  own  opinion,  and  this  im- 
plicit deference  to  the  opinion  of  his  forefethers,  which  are 
common  to  the  English  and  American  lawyer,  this  servi- 
tude of  thought  which  he  is  obliged  to  profess,  necessarily 
give  him  more  timid  habits  and  more  conservative  inclina- 
tions in  England  and  America  than  in  France. 

The  French  codes  are  often  difiScult  of  comprehension. 


854 

bat  they  csn  be  read  by  every  one  ;  nolhmg,  on  ihe  otber 
band,  can  be  more  obscurt  and  strange  to  tlic  uniniUatedt 
than  a  legislation  Foonded  upon  precedents.  The  absolute 
need  of  legal  aid  which  is  felt  in  England  and  tlie  United 
States,  and  the  -higb  (pinion  ivhicli  is  entertained  of  tha 
ability  of  the  legal  pio&saion,  tend  to  separate  it  more 
and  more  &om  the  people,  and  to  erect  it  into  a  (Ustinct 
class.  The  French  lavyer  is  simply  a  man  extensivelr 
acquainted  with  the  statutes  of  bis  country  ;  but  the  Eng- 
lish or  American  lairyet  resembles  the  lûerophants  of 
Eig^t,  for,  like  them,  be  is  the  sole  interpreter  of  an 
occult  science.  .   ^ 

The  position  which  lawyers  occni^  in  Wh^twI  ui^ 
America  exercises  no  less  infltience  upon  Ûiài  hahita  «ad 
opinions.  The  English  aristocracy,  which  has  taken  care 
to  attract  to  its  sphere  whatever  is  at  all  analogous  to  itself 
has  conferred  a  high  degree  of  importance  and  authority 
upon  the  members  of  the  legal  profession.  In  English 
society,  lawyers  do  not  occupy  the  first  rank,  but  they  are 
contented  with  the  station  assigned  to  them  :  they  consti- 
tute, as  it  were,  the  younger  branch  of  the  English  aris- 
tocracy ;  and  they  are  attached  to  their  elder  brothers, 
although  they  do  not  enjoy  all  their  privileges.  The  Eng- 
lish lawyers  consequently  mingle  the  aristocratic  tastes  and 
ideas  of  the  circles  in  which  they  move,  with  the  aristo- 
cratic interests  of  their  profession. 

And,  indeed,  the  lawyer-like  character  which  I  am  en- 
deavoring to  depict  is  most  distinctly  to  be  met  with  m 
■  England  :  there,  laws  are  esteemed  not  so  much  because 
,  they  are  good  as  because  they  are  old  ;  and  if  it  be  neces- 
sary to  modily  them  in  any  respect,  to  adapt  them  to  the 
changes  which  time  operates  in  society,  recourse  is  bad  to 
the  most  inconceivable  subtildea  in  order  to  uphold  the 
traditionary  fabric,  and  to  maintain  that  nothing  has  been 
done  which  does  not  square  with  the  intentions,  and  c<nn- 


MITIGATIONS  OF  THE  TYRANNY  OF  THE  MAJORITY.     355 

ft 

plete  the  labors,  of  former  generations.  The  very  îndi- 
viduals  who  conduct  these  changes  disclaim  any  desire  of 
innovation,  and  had  rather  resort  to  absurd  expedients  than 
plead  guilty  to  so  great  a  crime.  This  spirit  appertains 
more  especially  to  the  English  lawyers  ;  they  appear  indif- 
ferent to  the  real  meaning  of  what  they  treat,  and  they 
direct  all  their  attention  to  the  letter,  —  seeming  inclined 
to  abandon  reason  and  humanity,  rather  than  to  swerve 
one  tittle  from  the  law.  English  legislation  may  be  com- 
pared to  the  stock  of  an  old  tree,  upon  which  lawyers  have 
ingrafted  the  most  dissimilar  shoots,  in  the  hope  that, 
although  their  fruits  may  diflfer,  their  foliage  at  least  will 
be  confounded  with  the  venerable  trunk  which  supports 
them  all.* 

In  America,  there  jg:e  no  nobles  or  hterary  men,  and  the 
people  are  apt  to  mistrust  the  wealthy;  lawyers  conse- 
quently form  the  highest  political  class,  and  the  most  cul- 
tivated portion  of  society.  They  have  therefore  nothing 
to  gain  by  innovation,  which  adds  a  conservative  interest 
to  their  natural  taste  for  public  order.  K  I  were  asked 
where  I  place  the  American  aristocracy,  I  should  reply, 
without  hesitation,  that  it  is  not  among  the  rich,  who  are 
united  by  no  common  tie,  but  that  it  occupies  the  judicial 
bench  and  the  bar. 

The  more  we  reflect  upon  all  that  occurs  in  the  United 
States,  the  more  shall  we  be  persuaded  that  the  lawyers,  as 
a  body,  form  the  most  powerful,  if  not  the  only,  counter- 
poise to  the  democratic  element.  In  that  country,  we 
easily  perceive  how  the  legal  profession  is  quahfied  by  its 
attributes,  and  even  by  its  fiiults,  to  neutralize  the  vices 

*  All  this  is  the  criticism  of  a  livolj  and  intelligent  Frenchman,  vmhr 
miliar  with  the  principles  and  modes  of  procedure  peculiar  to  the  English 
Common  Law,  and  exaggerating  these  verj  peculiarities  of  it,  because  thej* 
are  so  unlike  the  legal  maxims  and  methods  in  which  he  has  himself  been 
nurtured  firom  childhood.  —  Am.  Ed. 


S56  DEMOGRACT  01  AMBOOX 

inherent  in  popular  goYenumenL  When  the  Amctici 
people  are  intoxicated  by  peasioii,  or  carried  away  bj  dn 
impetuosity  of  their  ideas,  they  are  checked  and  atoiiped 
by  the  abnost  invisible  influence  of  their  legal  coanseDon. 
These  secretly  oppose  thdr  aristocratic  piropensitics.tp  the 
nation's  democratic  instincts,  their  superstitions  attachment 
to  what  is  old  to  its  loye  of  novelty,  thdr  narrow  views  to 
its  immense  designs,  and  their  habitual  procrastination  to 
its  ardent  impatience. 

The  courts  of  justice  ara  tiie  visible  organs  by  which  the 
legal  profession  is  enabled  to  control  tiie  democracy.  The 
judge  is  a  lawyer,  who,  independentiy  of  the  taste  for  reg- 
ularity and  order  which  he  has  contracted  in  the  study  of 
law,  derives  an  additional  love  of  stability  from  the  inalien- 
ability of  his  own  fimctions.  His  legal  attainments  have 
already  raised  him  to  a  distinguished  rank  amongst  his  fel- 
lows ;  his  political  power  completes  the  distinction  of  his 
station,  and  ^ves  him  the  instincts  of  the  privileged  classes. 

Armed  with  the  power  of  declaring  the  laws  to  be  un- 
constitutional,* the  American  magistrate  perpetually  inter- 
feres in  political  affairs.  He  cannot  force  the  people  to 
make  laws,  but  at  least  he  can  oblige  them  not  to  disobey 
their  own  enactments,  and  not  to  be  inconsistent  with 
themselves.  I  am  aware  that  a  secret  tendency  to  dimin- 
ish the  judicial  power  exists  in  the  United  States  ;  and  by 
most  of  the  Constitutions  of  the  several  States,  the  gov- 
ernment can,  upon  the  demand  of  the  two  houses  of  the 
legislature,  remove  the  judges  from  their  station.  Some 
other  State  Constitutions  make  the  members  of  the  judi- 
ciary elective,  and  they  are  even  subjected  to  frequent 
re-elections.  I  venture  to  predict  that  these  innovations 
will  sooner  or  later  be  attended  with  fatal  consequences  ; 
and  that  it  will  be  found  out  at  some  friture  period,  that,  by 
thus  lessening  the  independence  of  the  judiciary,  they  have 

*  See  Chapter  VL  p.  125,  on  the  Judicial  Power  in  the  United  States. 


UITIGATIONS  OP  THE  TTBAKNT  Or  THE  UAJOBITT.     857 

attacked  not  only  the  judicial  power,  bat  the  democratic 
republic  itself. 

It  must  not,  moreover,  be  supposed  that  the  legal  spirit 
is  conSned,  in  the  United  States,  to  the  courts  of  justice  ; 
it  extends  far  beyond  them.  As  the  kwyera  form  the  only 
enlightened  class  whom  the  people  do  not  mistrust,  they 
are  naturally  called  upon  to  occupy  most  of  the  public 
stations.  They  all  the  legislative  assemblies,  and  are  at 
the  head  of  the  administration  ;  they  conseijuently  exercise 
a  powerful  influence  upon  the  formation  of  the  law,  and 
upon  its  execution.  The  lawyers  are,  however,  obb'ged  to 
yield  to  the  current  of  public  opinion,  which  is  too  strong 
for  them  to  resist  ;  but  it  is  easy  to  fiad  indications  of  what 
they  would  do,  if  they  were  free  to  act  The  Americans, 
who  have  made  so  many  innovations  in  their  political  laws, 
have  introduced  very  sparing  alterations  in  their  civil  laws, 
and  that  with  great  difficulty,  although  many  of  these  laws 
are  repugnant  to  their  social  condition.  The  reason  of  this 
is,  that,  in  matters  of  civil  law,  the  majority  are  obliged  to 
defer  to  the  authority  of  the  legal  profession,  and  the 
American  lawyers  are  disinclined  to  innovate  when  they 
are  left  to  their  own  choice. 

It  is  curious  for  a  Frenchman  to  hear  the  complfùnts 
which  are  made  in  the  United  States,  against  the  stationary 
spirit  of  legal  men,  and  their  prejudices  in  &vor  of  existing 
institutions. 

The  influence  of  legal  habits  extends  beyond  the  precise 
limits  I  have  pointed  out.  Scarcely  any  political  question 
arises  in  the  United  States  which  is  not  resolved,  sooner 
or  later,  into  a  judicial  quesUon.  Hence  all  parties  are 
obliged  to  borrow,  in  their  daily  controversies,  the  ideas, 
and  even  the  language,  pecuhar  to  judicial  proceedings.  As 
most  public  men  are,  or  have  been,  legal  practitioners,  th^ 
introduce  the  customs  and  technicahties  of  their  profession 
into  tlic  management  of  public  affairs.    The  jury  extends 


868  DEMOGRACT  01  JOIIBIOA. 

this  habitade  to  all  daases.  Hie  langiuige  of  die  kw  dne 
becomes,  in  some  measure,  a  Tolgar  toogae  ;  the  spirit  of 
the  law,  which  is  produced  in  the  schools  and  courts  of 
justice,  gradually  penetrates  beyond  llifijr  walls  into  the 
bosom  of  society,  where  it  descends  to  the  lowest  rlsnifiB, 
so  that  at  last  the  whole  people  contract  the  habits  and 
the  tastes  of  the  judicial  magistrate.  The  lawyers  of  tbe 
United  States  form  a  party  which  is  but  litde  feared  and 
scarcely  perceived,  which  has  no  badge  peculiar  to  itseU^ 
which  adapts  itself  with  great  flexibility  to  the  ezigencieB 
of  the  time,  and  accommodates  itself  without  resistance  to 
all  the  movements  of  the  social  body.  But  diis  parlj 
extends  over  the  whole  community,  and  penetrates  into 
all  the  classes  which  compose  it;  it  acts  upon  the  coun- 
try imperceptibly,  but  finally  fitshions  it  to  suit  its  own 
purposes. 


TRIAL  BY  JUKY  IN  THE    UNITED    STATES   CONSIDERED   AS  A 

POLITICAL  INSTITUTION. 

Trial  by  Jury,  which  is  one  of  the  Forms  of  the  Sovereignty  of  the  People, 
ought  to  be  compared  with  the  other  Laws  whicli  establish  that  Soy- 
croignty.  —  Composition  of  the  Jury  in  tlie  United  States.  —  Effect  of 
Trial  by  Jury  upon  the  National  Character.  —  It  educates  the  People. 
—  How  it  tends  to  establish  the  Influence  of  the  Magistrates,  and  to 
extend  the  Legal  Spirit  among  the  People. 

Since  njy  subject  has  led  me  to  speak  of  the  administra- 
tion of  justice  in  the  United  States,  I  will  not  pass  over  it 
without  adverting  to  the  institution  of  the  jury.  Trial  by 
jmy  may  be  considered  in  two  separate  points  of  view  ;  as 
^  judicial,  and  as  a  political  institution.  If  it  was  my  pur- 
pose to  inquire  how  far  trial  by  jury,  especially  in  civil 
(Qises,  insures  a  good  administration  of  justice,  I  admit  that 
Jll  utility  might  be  contested.  As  the  jury  was  first  estab- 
^  Hiked  when  society  was  in  its  infency,  and  when  courts  of 


MITIGATIONS  OF  THE  TYRANNY  OF  THE  MAJORITY.     359 

jnstlce  merely  decided  simple  questions  of  fact,  it  is  not  an 
easy  task  to  adapt  it  to  the  wants  of  a  highly  civilized  com- 
munity, when  the  mutual  relations  of  men  are  multiplied 
to  a  surprising  extent,  and  have  assumed  an  enlightened 
and  mtellectual  character.* 

My  present  purpose  is  to  consider  the  jury  as  a  political 
institution;  any  other  course  would  divert  me  from  my 
subject,  Of  trial  by  jury,  considered  as  a  judicial  insti- 
tution, I  shall  here  say  but  little.  When  the  English 
adopted  trial  by  jury,  they  were  a  semi-barbarous  people  ; 
they  have  since  become  one  of  the  most  enlightened  na- 
tions of  tlie  earth  ;  and  their  attachment  to  this  institution 
seems  to  have  increased  with  their  increasing  cultivation. 
They  have  emigrated  and  colonized  every  part  of  the 
habitable  globe;  some  have  formed  colonies,  others  inde- 
pendent states;  the  mother  country  has  maintained  its 
monarchical  constitution  ;  many  of  its  offspring  have 
founded  powerful  republics  ;  but  everywhere  they  have 
boasted  of  the  privilege  of  trial  by  jury.f  They  have 
established  it,  or  hastened  to  re-establish  it,  in  all  their 
settlements.     A  judicial  institution  which  thus  obtains  the 

*  TIic  consideration  of  trial  bj  jury  as  a  judicial  institation,  and  the 
appreciation  of  its  effects  in  the  United  States,  together  with  an  inquiry 
into  tlic  manner  in  wliich  the  Americans  have  used  it,  would  suffice  to  form 
a  book,  and  a  book  upon  a  very  useful  and  curious  subject.  The  State  of 
Louisiana  would  throw  the  most  light  upon  the  subject,  as  it  has  a  mingled 
population  of  French  and  English.  The  two  systems  of  law,  as  well  as 
the  tvvo  nations,  are  there  found  side  by  side,  and  are  gradually  combining 
with  each  other.  The  most  useful  books  to  consult  would  be  the  DigesU 
des  Lois  de  la  Louisiane  ;  and  the  Traité  sur  les  Règles  des  Actions  civUes, 
printed  in  French  and  English  at  New  Orleans,  in  1830. 

t  All  tlie  English  and  American  jurists  axe  unanimous  upon  this  head. 
Mr.  Story,  Judge  of  the  Supreme  Court  of  the  United  States,  speaks,  in 
his  Commentaries  on  the  Constitution,  of  the  advantages  of  trial  by  jury- 
in  civil  cases  :  "  The  inestimable  privilege  of  a  trial  by  jury  in  civil  cases/' 
says  he,  "  a  privilege  scarcely  inferior  to  that  in  criminal  cases,  which  ii 
counted  by  all  persons  to  be  essential  to  political  and  civil  liberty." 


860  DEHOCBACT  IK  AUEBICA. 

mSrages  of  a  great  people  for  so  long  a  series  of  ages,  wUdi 
is  zealously  reproduced  at  every  stage  of  civilization,  in  all 
the  climates  of  the  earth,  and  under  every  form  of  human 
government,  cannot  be  contrary  to  the  spirit  of  justice.* 

But  to  leave  this  part  of  the  subject.  It  would  be  • 
very  narrow  view  to  look  upon  the  jury  aa  a  mere  judidal 
institution  ;  for,  however  great  its  influence  may  be  upon 
the  decisions  of  the  courts,  it  is  still  greater  on  the  dest^ 

*  If  it  ynm  ota  province  to  point  out  tbe  ntilltr  of  the  Jnrj  u  a  jndiiid 
hutitiition,  many  argoinenta  might  be  brought  fonrard,  and  amongtt  olbMI 
tho  following  :  — 

In  proportion  as  yon  intnidaoe  the  jiuy  into  the  bnsinoi  of  the  MUfl, 

jon  arc  enabled  to  diminish  iho  number  of  jndgGa  ;  irhich  ia  a  great  adran- 
tagc.  When  judges  arc  Tcry  namerous,  dcnth  is  pcrpctnally  thinning  th> 
ranlcs  of  the  judicial  functionarii?»,  nnd  leaving  plarcs  Tocsnt  for  new-eomen. 
The  amhiiion  of  (he  mapstrates  is  therefore  continually  excited,  and  tbcj 
are  nnturally  mado  dependent  npon  the  majority,  or  tlie  pcreon  who  filll  up 
the  vacant  appointments  :  the  officen  of  the  courts  (hen  rise  like  (he  officeit 
of  an  iLrmy.  This  state  of  things  is  entirely  contrary  to  the  sonnd  admiit- 
istratioo  of  justice,  and  to  the  intentions  of  the  legislator.  Tlie  office  d 
a  judge  is  mode  inalienable  in  onlcr  that  he  may  remain  independent  ;  bil 
of  wlmt  advantage  is  it  that  his  independence  should  be  protected,  if  he  bt 
tempted  10  sacrifice  it  of  liia  own  accord  !  When  juilpcs  arc  very  numer 
OU9,  many  of  tlicm  must  ncecssarily  be  incapable  ;  for  a  fircat  mngistrall 
is  a  man  of  no  common  powers  :  I  know  not  if  a  half-cnlighleoed  tribuiul 
is  not  the  worst  of  aQ  combinations  fur  allaining  tliose  objects  which  ii  >■ 
the  purpose  of  court»  of  justice  fo  accomplish.  For  mj  own  part,  I  htJ 
rather  Eubmit  tbe  decision  of  a  case  (o  ignorant  jurora  directeil  by  a  ikilfil 
JDiIge,  ihnn  to  judges  a  majority  of  whom  are  imperfectly  acquainted  iriii> 
jurisprudence  and  with  the  la^vs. 

[I  venture  to  temiad  Iho  reader,  lest  this  noto  should  appear  somewhit 
redundant  to  an  English  eye,  that  the  jury  is  an  institution  which  has  only 
been  naturaliicd  in  France  within  the  present  century;  that  it  is  oven  now 
exelusivcly  applied  to  those  criminal  causes  which  come  before  (he  Conm 
of  Assize,  or  to  the  prosecutions  of  the  public  press  ;  nnd  that  the  jndgs 
and  counsellors  of  the  numerous  local  Iribtmab  of  Fmncfl  —  forming  a 
body  of  many  thousand  judicial  functionaries  —  try  all  civil  eaogcs,  appeab 
from  eriminal  eausca,  and  minor  ofienccs,  without  the  jaij.  —  EngliJl 
TnauUuor'i  A'oi«.] 


MITIGATIONS  OP  THE  TYBANNY  OF  THE  MAJORITY.     861 

nies  of  sociely  at  large.  The  jury  is,  above  all,  a  political 
institution,  and  it  must  be  regarded  in  this  light  in  order  to 
be  duly  appreciated. 

By  the  jury,  I  mean  a  certain  number  of  citizens  chosei^ 
by  lot,  and  invested  with  a  temporary  right  of  judging. 
Trial  by  jury,  as  applied  to  the  repression  of  crime,  appears 
to  me  an  eminently  republican  element  in  the  government, 
for  the  following  reasons. 

The  institution  of  the  jury  may  be  aristocratic  or  demo- 
cratic, according  to  the  class  from  which  the  jurors  are 
taken  ;  but  it  always  preserves  its  republican  character,  in 
that  it  places  the  real  direction  of  society  in  the  hands  of 
the  governed,  or  of  a  portion  of  the  governed,  and  not  ûx 
that  of  the  government.  Force  is  never  more  than  a  tran- 
sient element  of  success,  and  after  force,  comes  the  notion 
of  right.  A  government  which  should  be  able  to  reach 
its  enemies  only  upon  a  field  of  battle  would  soon  be  de- 
stroyed. The  true  sanction  of  political  laws  is  to  be  found 
in  penal  legislation  ;  and  if  that  sanction  be  wanting,  the 
law  will  sooner  or  later  lose  its  cogency.  He  who  pun- 
ishes the  criminal  is  therefore  the  real  master  of  society. 
Now,  the  institution  of  the  jury  raises  the  people  itself,  or 
at  least  a  class  of  citizens,  to  the  bench  of  judges.  The 
institution  of  the  jury  consequently  invests  the  people,  or 
that  class  of  citizens,  with  the  direction  of  society.* 

In  England,  the  jury  is  returned  from  the  aristocratic 
portion  of  the  nation;!  the  aristocracy  makes  the  laws, 

*  An  important  remark  muBt,  howerer,  be  made.  Trial  bj  jorj  does 
nnquestionably  invest  the  people  with  a  general  control  over  the  actions  of 
the  citizens,  but  it  does  not  famish  means  of  exercising  this  control  in  all 
cases,  or  with  an  absolute  anthority.  When  an  aSsolnte  monarch  has  the 
right  of  trying  oflfcnccs  by  his  representatives,  the  fate  of  the  prisoner  is, 
as  it  were,  decided  beforehand.  Bat  even  if  the  people  were  predisposed 
to  convict,  the  composition  and  the  non-responsibility  of  the  jury  would 
still  afford  some  chances  favorable  to  the  protection  of  innocence. 

t  In  France,  the  qualification  of  the  jurors  is  the  same  as  the  eleetoial 

16 


862  DEMOCBACT  IN  AMERICA. 

applies  the  laws,  and  punishes  infractions  of  the  laws 
everything  is  established  upon  a  consistent  footing,  and 
England  may  with  truth  be  said  to  constitute  an  aristo- 
cratic republic.  In  the  United  States,  the  same  system  is 
applied  to  the  whole  people.  Every  American  citizen  is 
qualified  to  be  an  elector,  a  juror,  and  is  eligible  to  oflSce.* 
The  system  of  the  jury,  as  it  is  understood  in  America, 
appears  to  me  to  be  as  direct  and  as  extreme  a  consequence 
of  the  sovereignty  of  the  people  as  universal  suffrage. 
They  arc  two  instruments  of  equal  power,  which  contrib- 
ute to  the  supremacy  of  the  majority.  All  tlie  sovereigns 
who  have  chosen  to  govern  by  their  own  autliority,  and  to 
direct  society  instead  of  obeying  its  directions,  have  de- 
stroyed or  enfeebled  the  institution  of  the  jury.  The 
Tudor  monarchs  sent  to  prison  jurors  who  refused  to 
convict,  and  Napoleon  caused  them  to  be  selected  by  his 
agents. 

However  clear  most  of  these  truths  may  seem  to  be, 
they  do  not  command  universal  assent  ;  and,  in  France  at 
least,  tlie  trial  by  jury  is  still  but  imperfectly  understood. 
If  the  question  arises  as  to  the  proper  qualification  of  jurors, 
it  is  confined  to  a  discussion  of  the  intelligence  and  knowl- 
edge  of  the  citizens  who  may  be  returned,  as  if  the  jury 
was  merely  a  judicial  institution.     This  appears  to  me  the 

qualification,  namely,  the  payment  of  200  francs  per  annum  in  dirc<rt  taxes  : 
they  arc  clioscn  by  lot.  In  England,  they  arc  returned  by  the  sheriff;  the 
qualifications  of  jurors  were  raised  to  £10  per  annum  in  En<;Iand,  and  £6 
in  Wales,  of  freehold  lands  or  copyhold,  by  the  statute  W.  and  M.,  c.  24  ; 
leaseholders  for  a  time  determinable  upon  life  or  lives,  of  the  clear  yearly 
value  of  £  20  per  annum  over  and  above  the  rent  reserved,  arc  qualified  to 
6cr\*e  on  juries  ;  and  jurors  in  the  courts  of  Westminster  and  City  of  London 
must  be  householders,  and  possessed  of  real  and  pcreonal  estate  of  the  value 
of  £100.  The  qualifications,  however,  prescribctl  in  different  statutes  varf 
acconliiij;  to  the  object  for  wliieh  the  jury  is  impanelled.  Sco  Blackstone'i 
Commentaries,  Book  III.  c.  23. — English  TrwisIator*s  Note. 
♦  Sec  Appendix  Q. 


MITIGATIONS  OF  THE  TYBANNY  OF  THE  MAJORITY.     368 

least  important  part  of  the  subject.  The  jury  is  pre-emî  • 
nently  a  pohtical  institution  ;  it  should  be  regarded  as  one 
form  of  the  sovereignty  of  the  people  :  when  that  sover- 
eignty is  repudiated,  it  must  be  rejected,  or  it  must  be 
adapted  to  the  laws  by  which  that  sovereignty  is  estab- 
lished. The  jury  is  that  portion  of  the  nation  to  which 
the  execution  of  the  laws  is  intrusted,  as  the  legislature  is 
that  part  of  the  nation  which  makes  the  laws  ;  and  in  or- 
der that  society  may  be  governed  in  a  fixed  and  uniform 
manner,  the  list  of  citizens  qualified  to  serve  on  juries  must 
increase  and  diminish  with  the  list  of  electors.  This  I  hold 
to  be  the  point  of  view  most  worthy  of  the  attention  of  the 
legislator  ;  all  that  remains  is  merely  accessory. 

I  am  so  entirely  convinced  that  the  jury  is  pre-eminently 
a  political  institution,  that  I  still  consider  it  in  this  light 
when  it  is  applied  in  civil  causes.  Laws  are  always  unstar 
ble  unless  they  are  founded  upon  the  manners  of  a  nation  : 
manners  are  the  only  durable  and  resisting  power  in  a  peo- 
ple. When  the  jury  is  reserved  for  criminal  offences,  the 
,  people  only  witness  its  occasional  action  in  particular  cases  : 
they  become  accustomed  to  do  without  it  in  the  ordinary 
course  of  life  ;  and  it  is  considered  as  an  instrument,  but 
not  as  the  only  instrument,  of  obtaining  justice.  Tliis  is 
true  a  fortiori^  when  the  jury  is  appUed  only  to  certain 
criminal  causes. 

When,  on  the  contrary,  the  jury  acts  also  on  civil  causes, 
its  ap])Iication  is  constantly  visible  ;  it  affects  all  the  inter- 
ests of  the  community  ;  every  one  co-operates  in  its  work  : 
it  tlius  penetrates  into  all  the  usages  of  life,  it  fashions  the 
human  mind  to  its  peculiar  forms,  and  is  gradually  associ- 
ated with  the  idea  of  justice  itself. 

The  institution  of  the  jury,  if  confined  to  criminal 
causes,  is  always  in  danger  ;  but  when  once  it  is  intro- 
duced into  civil  proceedings,  it  defies  the  aggressions  of 
time  and  man.     If  it  had  been  as  easy  to  remove  the  jury 


■.Ji™  -^-iti 


864  DEliOGRACT  SV  AJOBIOA. 

from  the  manners  as  from  the  kws  of  Enj^and,  it 
have  perished  under  the  Tndors }  and  the  dvQ  juiy  did  ii 
reality,  at  that  period,  save  the  liberties  of  En^andL  fit 
whatever  manner  the  jury  be  applied,  it  camiot  &il  to  eoDOP» 
cise  a  pdwerful  influence  upon  the  national  chancter  ;  bol 
this  influence  is  prodigioualj  increased  when  it  is  intznK 
diiced  into  civil  causes.  The  jury,  and  more  especially  tbe 
civil  jury,  serves  to  communicate  the  spirit  of  the  judges  to 
the  minds  of  all  the  citizoos  ;  and  this  spirit,  with  the  hab* 
its  which  attend  it,  is  the  soundest  preparation  finr  free 
institutions.  It  imbues  all  classes  with  a  respect  for  ibé 
thing  judged,  and  with  the  notion  of  right.  If  these  two 
elements  be  removed,  the  love  of  independence  beoomai 
a  mere  destructive  passion.  It  teaches  men  to  practioe 
equity  ;  every  man  learns  to  judge  his  neighbor  as  he 
would  himself  be  judged.  And  this  is  especially  true  of 
the  jury  in  civil  causes  ;  for,  whilst  the  number  of  persons 
who  have  reason  to  apprehend  a  criminal  prosecution  is 
small,  every  one  is  liable  to  have  a  lawsuit.  The  jury 
teaches  every  man  not  to  recoil  before  the  responsibility 
of  his  o^vn  actions,  and  impresses  him  with  that  manty 
confidence  without  which  no  political  virtue  can  exist.  It 
invests  each  citizen  with  a  kind  of  magistracy  ;  it  makes 
them  all  feel  the  duties  which  they  are  bound  to  discharge 
towards  society,  and  the  part  which  they  take  in  its  gov- 
ernment. By  obliging  men  to  turn  their  attention  to  other 
affairs  than  their  own,  it  rubs  off  that  private  selfishness 
which  is  the  rust  of  society. 

The  jury  contributes  powerfully  to  form  the  judgment 
and  to  increase  the  natural  intelligence  of  a  people  ;  and 
this,  in  my  opinion,  is  its  greatest  advantage.  It  may  be 
regarded  as  a  gratuitous  public  school,  ever  open,  in  which 
every  juror  learns  his  rights,  enters  into  daily  communica- 
tion with  the  most  learned  and  enlightened  members  of  the 
upper  classes,  and  becomes  practically  acquainted  with  the 


UTIGATIONS   Of  THK  TTBAHHT  OF  THE  UAJOBTTT.     SD9 

lawi,  which  are  brought  within  the  reach  of  his  capacity 
by  the  efforts  of  the  bar,  the  advice  of  the  judge,  and  even 
hj  the  passions  of  the  parties.  I  think  that  the  practical 
mt«Uigence  and  political  good  sense  of  the  Americans  are 
mainly  attributable  to  the  long  use  which  they  have  made 
of  the  jury  in  civil  causes. 

I  do  not  know  whether  the  jury  is  useful  to  those  who 
have  lawsuits  ;  but  I  am  certain  it  is  highly  beneficial  to 
those  who  judge  them  ;  and  I  look  upon  it  as  one  of  the 
most  efficacious  means  for  the  education  of  the  people 
which  society  can  employ. 

What  I  have  said  applies  to  all  nations  ;  but  the  remark 
I  am  about  to  make  is  peculiar  to  the  Americans  and  to 
democratic  communities.  I  h^ve  already  observed  that,  in 
democracies,  the  members  of  the  legal  profession,  and  the 
judicial  magistrates,  constitute  the  only  aristocrate  body 
which  can  moderate  the  movements  of  the  people.  This 
aristocracy  is  invested  with  no  physical  power  ;  it  exercises 
its  conservative  influence  upon  the  minds  of  men  :  and  the 
most  abundant  source  of  its  authority  is  tlie  institution 
of  the  civil  jury.  In  criminal  causes,  when  society  is  con- 
tending against  a  single  man,  the  jury  is  apt  to  look  upon 
the  judge  as  the  passive  instrument  of  social  power,  and 
to  mistrust  his  advice.  Moreover,  criminal  causes  turn  en- 
tirely upon  simple  facts,  which  commou  sense  can  readily 
appreciate  ;  upon  this  ground,  the  judge  and  the  jury  are 
equal.  Such,  however,  is  not  the  case  in  civil  causes  ; 
then  the  judge  appears  as'  a  disinterested  arbiter  between 
the  conflicting  passions  of  the  parties.  The  jurors  look  op 
to  him  witli  confidence,  and  listen  to  him  with  respect,  fbr 
in  this  instance,  his  intellect  entirely  governs  theirs.  It  is 
the  judge  who  sums  up  the  various  arguments  which  hare 
wearied  their  memory,  and  who  guides  them  tlu-ough  the 
devious  course  of  the  proceedings  ;  he  points  their  attei>- 
tioD  to  the  exact  question  of  &ct,  which  they  are  called 


$66  DEMOCBACY  IN  ASIEItlCiL 

upon  to  decide,  and  tc!Ia  ihom  how  to  answer  the  question 
of  law.     Hia  influence  over  them  is  almost  unlimited. 

If  I  am  called  upon  to  exphùn  why  I  am  but  little 
moved  by  the  arg;umenta  derived  from  the  ignorance  of 
jurors  in  civil  causes,  I  reply,  that  in  these  proceedings, 
whenever  the  question  to  be  solved  is  not  a  mere  ques- 
tion of  &ct,  tlie  jury  has  only  the  semblance  of  a  judi- 
cial body.  The  jury  only  sanctions  the  decision  of  the 
judge  ;  they  sanction  this  decision  by  tlio  authority  of 
society  which  they  represent,  and  he,  by  that  of  reason 
and  of  law." 

In  England  and  in  America,  the  judges  exercise  an  in^ 
fluence  upon  criminal  trials  which  the  French  judges  have 
never  possessed.  The  reason  of  this  difference  may  easily 
be  discovered  ;  the  English  and  American  magistrates  have 
established  their  authority  in  civil  causes,  and  only  transfer 
it  afterwards  to  tribunals  of  another  kind,  where  it  was  not 
first  acquired.  In  some  cases,  and  they  are  frequently  the 
most  important  ones,  the  American  judges  have  the  ri^t 
of  deciding  causes  alone. f  Upon  these  occasions,  they  are 
accidentally  placed  in  the  position  which  the  French 
judges  habitually  occupy  :  but  their  moral  power  is  much 
greater;  they  are  still  surrounded  by  the  recollection  trf 
the  jury,  and  their  judgment  has  almost  as  much  authority 
as  the  voice  of  the  community  represented  by  that  institu- 
tion. Their  influence  extends  fer  beyond  the  limita  of  the 
courts  ;  in  the  recreations  of  private  hfe,  as  well  as  in  the 
turmoil  of  public  business,  in  pubhe  and  in  the  legislative 
assemblies,  the  American  judge  is  constantly  surrounded 
by  men  who  are  accustomed  to  regard  his  intelligence  as 
superior  to  their  own;  and  after  having  exercised  hia 
power  in  the  decision  of  causes,  he  continues  to  iofiueace 

*  Sco  Appendix  B. 

t  Tho  FctlcnU  jadgts  act  «lone  npon  almovt  all  the  qneetioai  mort  impo» 
taut  to  tho  government  of  the  conntiy. 


HmOATIOSa  OF  THE  TYBASNT  OF  THE  MAJOBITT.     86T 

the  babits  of  thonght,  and  even  the  character,  of  thoBS 
who  acted  with  him  in  his  official  capacity. 

The  jtuy,  then,  which  seems  to  reatrict  the  rights  of  the  ' 
judiciary,  does  in  reality  coasolidate  its  power  ;  and  in  no  j 
countiy  are  the  judges  so  powerful  as  where  the  people  \ 
share  their  privileges.     It  is  especially  by  means  of  the 
joiy  in  civil  causes,  that  the  American  ma^strates  imbup 
even  the  lower  classes  of  society  with  the  spirit  of  their 
profession.     Thus  tlie  jury,  which  is  the  most  energetic 
means  of  making  the  people  rule,  is  also  the  most  efi&c»- 
cious  meam  of  teaching  it  how  to  rule  well. 


86li  DEJfOCRACT  IN  AUllBICA.  ^^^ 

upon  to  decide,  and  tells  tliem  how  to  answer  the  question 
of  law.     His  influence  over  them  is  almost  imlimîtod. 

If  I  am  called  upon  to  explain  why  I  am  but  little 
moved  by  the  arguments  derived  from  the  ignorance  of 
jurors  in  civil  causes,  I  reply,  that  in  these  proceedii^s, 
whenever  the  question  to  be  solved  is  not  a  mere  ques- 
tion of  fact,  tlie  jury  lias  only  the  semblance  of  a  judi- 
cial body.  The  jury  only  sanctions  the  decision  of  the 
judge  ;  they  sanction  this  decision  by  the  authority  of 
■ocicly  which  they  represent,  and  he,  by  that  of  reason 
Mid  of  law." 

In  England  and  in  America,  the  judges  exercise  an  in- 
fluiuice  upon  criminal  trials  which  the  French  judges  have 
never  possessed.  The  reason  of  this  difference  may  easily 
bo  discovered  ;  the  English  and  American  magistrates  have 
eetablished  their  authority  in  civil  causes,  and  only  transfer 
it  «flerwarda  to  tribunals  of  another  kind,  where  it  was  not 
first  acquired.  In  some  cases,  and  tliey  are  frequently  the 
most  important  ones,  the  American  judges  have  the  right 
of  deciding  causes  alone. f  Upon  these  occasions,  they  are 
accidentally  placed  in  the  position  wliieh  the  Freuch 
judges  habitually  oceujiy  :  but  their  moral  power  is  much 
gi-cater  ;  they  are  still  surrounded  by  the  recollection  ot 
the  jury,  and  their  judgment  has  almost  as  much  authori^ 
as  the  voice  of  the  community  represented  by  that  instito^ 
tion.  Their  influence  extends  &r  beyond  the  limits  of  the 
courts  ;  in  the  recreations  of  private  life,  as  well  as  in  the 
turmoil  of  public  business,  in  public  and  in  the  Ic^shitive 
assemblies,  tlie  American  judge  is  constantly  surrounded 
by  men  who  are  accustomed  to  regard  his  intclhgence  as 
Eupenor  to  their  own;  and  after  having  exereised  his 
power  in  the  decision  of  causes,  he  continues  to  influence 

*  Soo  Appendix  B. 

t  The  FctlcnU  jodgM  act  «lone  npoa  almost  all  tlie  qneationi  tnott  impo» 
lut  to  tho  government  of  the  conntiy. 


irinGATIONS  OF  THE  TTRANNY  OF  THE  MAJOBTTT.     86T 

the  habits  of  thought,  and  even  the  characters,  of  those 
who  act«d  with  him  in  his  official  capacity. 

The  jiuy,  then,  which  aeeim  to  restrict  the  rights  of  the 
judiciary,  does  in  reality  consolidate  its  power  ;  and  in  no 
coontry  are  the  judges  so  powerful  as  where  the  people 
share  their  privileges.  It  is  especially  by  means  of  the 
jury  in  civil  causes,  that  the  American  magistrates  imbu^ 
even  the  lower  classes  of  society  with  the  spirit  of  their 
profession.  Thus  the  jury,  which  is  the  moat  energetic 
means  of  making  the  people  rule,  is  also  the  most  effic^ 
cious  means  of  teaclung  it  how  to  rule  welL 


DEUOCBACV  IN  i 


CHAPTER    XVII. 


A  DEMOCRATIC  republic  exiats  in  the  United 
States;  anil  the  principal  object  of  this  book  baa 
been  to  explain  the  causes  of  its  existence.  Several  of 
these  causes  hove  been  involuntarily  passed  by,  or  only 
hinted  at,  as  I  was  borne  along  by  my  subject.  Others  I 
Lave  been  unable  to  discuss  at  all  ;  and  those  on  ■which  I 
have  dwelt  most  are,  as  it  were,  buried  in  the  details  of 
this  work. 

I  think,  therefore,  that,  before  I  proceed  to  speak  of 
the  future,  I  ought  to  collect  within  a  small  compass  the 
reasons  which  explain  the  present.  In  tliis  retrospective 
chapter  I  shall  be  brief;  for  I  shall  take  care  to  remind  ihe 
reader  only  very  eummarOy  of  what  he  already  knows, 
and  eliall  select  only  the  most  prominent  of  those  fects 
which  I  have  not  yet  pointed  out. 

All  the  causes  which  contribute  to  the  midntenance  r£ 
the  democratic  repubUc  in  the  United  States  are  reducible 
to  three  heads  :  — 

I.  The  pecuhar  and  accidental  situation  in  which  Fio^ 
idence  has  placed  the  Americans. 

n.   The  laws. 

ni.   The  manners  and  castoms  of  the  people. 


CAUSES  WHICH  TEND  TO  MAINTAIN  DEMOCRACY.       869 


ACCIDENTAL  OK  PROVIDENTIAL  CAUSES  WHICH  CONTRIBUTE 
TO  MAINTAIN  THE  DEMOCRATIC  REPUBLIC  IN  THE  UNITED 
STATES. 

The  Union  has  no  Neighbors.  — No  Metropolis.  —  The  Americans  hare  had 
the  Chance  of  Birth  in  their  Favor.  —  America  an  empty  Country.  — 
How  this  Circumstance  contributes  powerfully  to  maintain  the  Demo- 
cratic Republic  in  America.  —  How  the  American  Wilds  are  peopled.  — 
Avidity  of  the  Anglo-Americans  in  taking  Possession  of  the  Solitudes 
of  the  New  World.  —  Influence  of  Physical  Prosperity  upon  the  Politi- 
cal Opinions  of  the  Americans. 

A  THOUSAND  circumstances,  independent  of  the  will  of 
man,  facilitate  the  maintenance  of  a  democratic  republic  in 
the  United  States.  Some  of  these  are  known,  the  others 
may  easily  be  pointed  out  ;  but  I  shall  confine  myself  to 
the  principal  ones. 

The  Americans  have  no  neighbors,  and  consequently  they 
have  no  great  wars,  or  financial  crises,  or  inroads,  or  con- 
quest, to  dread  ;  they  require  neither  great  taxes,  nor  large 
armies,  nor  great  generals  ;  and  they  have  nothing  to  fear 
firom  a  scourge  which  is  more  formidable  to  republics  than 
all  these  evils  combined,  namely,  military  glory.  It  is  im- 
possible to  deny  the  inconceivable  influence  which  military 
glory  exercises  upon  the  spirit  of  a  nation.  General  Jack- 
son, whom  the  Americans  have  twice  elected  to  be  the 
head  of  their  government,  is  a  man  of  violent  temper  and 
very  moderate  talents;  nothing  in  his  whole  career  ever 
proved  him  qualified  to  govern  a  free  people  ;  and  in- 
deed, the  majority  of  the  enlightened  classes  of  the  Union 
has  always  opposed  him.  But  he  was  raised  to  the  Pres- 
idency, and  has  been  maintained  there,  solely  by  the  recol- 
lection of  a  victory  which  he  gained,  twenty  years  ago, 
mider  the  walls  of  New  Orleans  ;  a  victory  which  was, 
however,  a  very  ordinary  achievement,  and  which  could 

only  be  remembered  in  a  country  where  battles  are  rax^^ 

J6#  X 


DRMOCRACT   DT    AMERICA. 

Now  lli(!  people  who  are  thus  parried  away  by  the  illusions 
of  fçinry  urc  iinf|U(!8tionably  the  most  cold  and  calculating, 
the  mont  iinmilitary,  tf  I  may  so  apeat,  and  the  most  pro- 
■aic,  of  nil  tliti  nations  of  the  earth. 

America  has  no  great  capital"  city,  whose  direct  or 
indirt-ct  influence  is  felt  over  the  whole  extent  of  the  coun 
try  ;  tliia  I  hold  to  be  one  of  the  firat  causes  of  the  main 
timuti<r«3  of  republican  institutions  in  the  United  State». 
In  citiea,  men  cannot  be  prevented  from  concerting  to- 
guthcr,  nnd  awakening  a  mutual  excitement  which  prompts 
HiidiU^n  and  passionate  i^-solutions.  Cities  may  Ije  looked 
njioii  itH  UiTff^  assemblies,  of  which  all  tlie  inhabitants  are 
incnilit-rs  ;  their  populace  exercise  a  prodigious  Influence 
up'iti  tho  magistrates,  and  frequently  execute  their  own 
wishes  without  tho  intervention  of  public  officei-s. 

*  Tho  United  States  hare  no  metropolis  j  bot  they  alrcodj  contain  mt- 
enl  very  larj^  cities.  Pbiliulclptua  reckoned  1GI,000  inhobiisnts,  and  New 
York  202,000,  in  tho  yesr  1830.  Tho  lower  orders  wliich  inhabit  these 
dtiea  «inBlitute  a  nibble  even  more  fomjidable  than  tlio  popniaco  of  Eiuo- 
pcan  towns.  Tliej  conaist  of  (reed  blacks,  in  tho  6rsl  place,  who  arc  con- 
clomiied  by  tho  laws  and  by  public  opinion  to  aa  hcrediluy  state  of  mÎMiT 
and  dcip-QiIallon.  Tfacj  also  contain  a  mnltitadc  of  Europeans,  who  ban 
been  driven  lo  the  shores  of  ihe  New  World  by  their  misfortoncs  or  their 
misconduct  ;  and  these  men  inoculato  ihc  United  Stoics  with  all  our  Ticei, 
without  briiif^ng  with  them  any  of  those  inlcrests  which  coilfatcract  thdr 
baneful  influcnoo.  As  inhabitants  of  a  ronntry  wheto  they  havo  no  civil 
rights,  they  are  ready  to  turn  all  the  passions  which  agitate  the  communis 
to  their  own  advantage  ;  thus,  within  tlie  last  few  mootha,  serious  riots  have 
broken  out  in  Philadelphia  and  \a  New  York.  Distttrbances  of  this  kind 
are  unkno^vn  in  Ihe  rest  of  the  ctjunliy,  which  is  rtowiso  alarmed  by  them, 
because  the  jiopntaiian  of  tlie  cities  has  hitherto  exercised  neither  power  nor 
infloence  over  the  rural  districis. 

NcTcrtiiclcss.  I  look  upon  tho  size  of  certain  American  cities,  and  especially 
OQ  the  nature  of  their  population,  al  a  real  danger  which  tlircalcns  the  futura 
■ecorily  of  tho  dctnocmiic  republies  of  the  Now  World  ;  anil  I  Tcntur«  to 
pndict  tlial  ihcy  wiQ  perish  from  this  circumstance,  unless  tho  gOTCnimfflt 
Mifirwdi  in  creating  an  armed  force,  which,  while  it  remains  under  Ihe  con- 
-  ifWl  irf'  the  mejoriiy  of  the  nation,  will  bo  independent  of 
and  able  lo  reprcM  its  execu». 


CAUSES  WHICH  TEND  TO  MAINTAIN  DEMOCRACY.       871 

To  subject  the  provinces  to  the  metropolis  is,  therefore, 
to  place  the  destiny  of  the  empire  in  the  hands,  not  only 
of  a  portion  of  the  commmiity,  which  is  mijust,  but  in  the 
hands  of  a  populace  carrying  out  its  own  impulses,  which 
is  very  dangerous.  The  preponderance  of  capital  cities  is 
therefore  a  serious  injury  to  the  representative  system; 
and  it  exposes  modem  republics  to  the  same  defect  as  the 
republics  of  antiquity,  whch  all  perished  from  not  having 
known  this  system. 

It  would  be  easy  for  me  to  enumerate  many  secondary 
causes  which  have  contributed  to  establish,  and  now  con- 
cur to  maintain,  the  democratic  republic  of  the  United 
States.  But  among  these  favorable  circumstances  I  dis- 
cern two  principal  ones,  which  I  hasten  to  point  out.  I 
have  already  observed  that  the  origin  of  the  Americans,  or 
what  I  have  called  their  point  of  departure,  may  be  looked 
upon  as  the  first  and  most  efficaciovis  cause  to  which  the 
present  prosperity  of  the  United  States  may  be  attributed. 
The  Americans  had  the  chances  of  birth  in  their  favor; 
and  their  forefathers  imported  that  equality  of  condition 
and  of  intellect  into  the  country  whence  the  democratic 
republic  has  very  naturally  taken  its  rise.  Nor  was  this 
all;  for  besides  this  republican  condition  of  society,  the 
early  settlers  bequeathed  to  their  descendants  the  customs, 
manners,  and  opinions  which  contribute  most  to  the  suc- 
cess of  a  republic.  When  I  reflect  upon  the  consequences 
of  tliis  primary  fact,  methinks  I  see  the  destiny  of  America 
embodied  in  the  first  Puritan  who  landed  on  those  shores, 
just  as  the  whole  human  race  was  represented  by  the  first 
man. 

The  chief  circumstance  which  has  favored  the  establish- 
ment and  the  maintenance  of  a  democratic  republic  in  the 
United  States,  is  the  nature  of  the  territory  which  the 
Americans  mhabit.  Their  ancestors  gave  them  the  love  of 
«quality  and  of  freedom  ;  but  God  himself  gave  theia  ^^ 


» 


tri  DiaiOCBACY   n  AMEKtCJL 

mouis  of  r«tDfttning  04)ual  and  irc«,  by  placing  them  i^wn 
•  bnumlk»  conÛDent.  Gcnoral  prosperity  is  favorable  to 
ûm  stnUtity  of  aO  governments,  bat  more  particiilariy  of 
Il  dMnocivic  ooe,  which  depends  upon  the  will  of  the 
nujiirity.  uid  espocially  upon  the  will  of  that  portion  of 
Ûte  ooninmnity  »hich  is  moet  exposed  to  want.  When 
the  people  nJc,  ihey  most  be  rendered  happy,  or  they  will 
otvttnni  tha  state:  and  misery  stimutatt^â  them  to  those 
•xcesses  Id  which  ambition  rou«i:s  kings.  The  physical 
caaw»,  inaependait  of  thi.*  lawn,  which  promote  gt-neral 
Mtt^iH'ntj,  are  mora  nnnieroiu  in  America  tlian  they  ever 
h»\f  lieen  in  any  other  country  in  the  world,  at  any  other 
parit^d  of  hbtory.  In  the  United  States,  not  only  is  le^s- 
Iktiixi  •Icmocrntic,  but  Nature  herself  fiivors  the  cause  of 
the  jieopie. 

In  what  part  of  human  history  can  be  found  anything 
■imilar  to  what  b  passing  before  our  eyes  in  North  Amer- 
ica? The  celebrated  communities  of  antiqui^  were  all 
(bunded  in  the  midst  of  hostile  nations,  which  they  were 
obliged  to  subjugate,  before  they  could  flourish  in  their 
place.  Even  the  modems  have  found,  in  some  parts  of 
South  America,  vast  regions  inhabited  by  a  people  of  infe- 
rior civilization,  but  who  had  already  occupied  and  culti- 
vated the  soil.  To  found  their  new  states,  it  was  necessary 
to  extirpate  or  subdue  a  numerous  population,  and  they 
uiodc  civilization  blush  for  its  own  success.  But  North 
America  was  inhabited  only  by  wandering  tribes,  who  had 
no  thought  of  profiling  by  the  natural  riches  of  the  soil  ; 
that  vast  country  was  still,  properly  speaking,  an  empty 
continent,  a  desert  land  awaiting  its  inhabitants. 

Everything  is  extraordinary  in  America,  tlie  social  con- 
dition of  the  inhabitants,  as  well  as  the  laws  ;  hut  the  soil 
-Upon  which  these  institutions  are  founded  is  more  extraor- 
dinary than  all  the  rest.  When  the  earth  was  given  to 
tnen  by  the  Creator,  the  earth  was  inexhaustible  ;  hot  mm 


..     r      «I 


CAUSES  WHICH  TEND  TO  MAINTAIN  DEMOCBACY.       874 

were  weak  and  ignorant  ;  and  when  they  had  learned  to 
take  advantage  of  the  treasures  which  it  contained,  they 
ahready  covered  its  surface,  and  were  soon  obliged  to  earn 
by  the  sword  an  asylum  for  repose  and  freedom.  Just  then 
North  America  was  discovered,  as  if  it  had  been  kept  in 
reserve  by  the  Deity,  and  had  just  risen  from  beneath  the 
waters  of  the  deluge. 

That  continent  still  presents,  as  it  did  in  the  primeval 
time,  rivers  which  rise  from  never-failing  sources,  green 
and  moist  solitudes,  and  limitless  fields  which  the  plough- 
share of  the  husbandman  has  never  turned.  In  this  state, 
it  is  offered  to  man,  not  barbarous,  ignorant,  and  isolated, 
as  he  was  in  the  early  ages,  but  already  in  possession  of 
tlie  most  important  secrets  of  nature,  united  to  his  fellow* 
men,  and  instructed  by  the  experience  of  fifty  centuries. 
At  this  very  time,  thirteen  [twenty-five]  miUions  of  civil- 
ized Europeans  are  peaceably  spreading  over  those  fertile 
plains,  with  whose  resources  and  extent  they  are  not  yet 
themselves  accurately  acquainted.  Three  or  four  thousand 
soldiers  drive  before  them  the  wandering  races  of  the  abo» 
rigines  ;  these  are  followed  by  the  pioneers,  who  pierce  the 
woods,  scare  off  the  beasts  of  prey,  explore  the  courses  of 
the  inland  streams,  and  make  ready  the  triumphal  march 
of  civilization  across  the  desert. 

Often,  in  the  course  of  this  work,  I  have  alluded  to  the 
fevorable  influence  of  the  material  prosperity  of  America 
upon  the  institutions  of  that  country.  This  reason  had 
already  been  given  by  many  others  before  me,  and  is  the 
only  one  which,  being  palpable  to  the  senses,  as  it  were,  is 
familiar  to  Europeans.  I  shall  not,  then,  enlarge  upon  a 
subject  so  often  handled  and  so  well  understood,  beyond 
the  addition  of  a  few  facts.  An  erroneous  notion  is  gen- 
erally entertained,  that  the  deserts  of  America  are  peopled 
by  European  emigrants,  who  annually  disembark  upon  the 
coasts  of  the  New  World,  whilst  the  American  çoçulaidân 


DEMOCRACY    IN   A1ŒHICA. 


ÎBcreasG  and  multiply  upon  the  soil  which  llieir  forefathers 
tilled.  The  European  settler  usually  arrives  in  the  Uaited 
Stutos  without  friend»,  and  often  without  reïoui'ces;  to 
order  to  subsist,  he  is  obliged  to  work  for  lilre,  and  ha 
rarely  proceeds  beyond  that  bell  of  industrious  poptdation 
which  adjoins  tlie  ocean.  The  desert  cannot  be  "t-xplored 
wiihoui  capital  or  credit;  and  the  body  must  be  accua- 
tomed  to  the  rigors  of  a  new  climate,  before  it  can  be 
expo§ed  in  the  midst  of  the  forest.  It  is  the  Americans 
themselves  who  daily  tjuit  the  spots  wliich  gave  tbcm  birth, 
to  acquire  extensive  domains  in. a  remote  region.  Thus  the 
European  leaves  his  cottage  for  the  Transatlantic  shores, 
and  the  American,  who  is  bom  on  that  veiy  coast,  plunges 
in  bis  turn  into  the  wilds  of  central  America.  This  double 
emigration  is  incessant  ;  it  begins  in  the  middle  of  Europe, 
it  crosses  the  Atlantic  Ocean,  and  it  advances  over  the  soli- 
tudes of  the  New  World.  Milhons  of  men  are  marching 
at  once  towards  the  same  horizon  :  their  language,  their 
religion,  their  manners  differ  ;  tlieir  object  is  the  same. 
Fortune  has  been  promised  to  them  somewhere  in  the 
West,  and  to  the  West  they  go  to  find  it. 

No  event  can  be  compared  with  this  continuous  removal 
of  the  human  race,  except  perhaps  those  irruptions  which 
caused  the  fall  of  the  Koman  Empire.  Then,  as  well  as 
now,  crowds  of  men  were  impelled  in  the  same  direction, 
to  meet  and  struggle  on  the  same  spot  ;  but  the  designs  of 
Providence  were  not  the  same.  Then,  every  new-comer 
brought  with  him  destruction  and  death  ;  now,  each  one 
brings  the  elements  of  prosperity  and  hfe.  The  future 
atill  conceals  from  us  the  remote  consequences  of  this  mi- 
gration of  the  Americans  towards  the  West  ;  but  we  can 
readily  apprehend  its  immediate  results.  As  a  portion  of 
the  inhabitants  annually  leave  the  States  in  which  they 
were  bom,  the  population  of  these  States  increases  very 
«lowly,  although  they  have  long  been  established.    Thus, 


CAUSES  WHICH  TEND   TO  MAINTAIN  DEMOCBACY.       376 

in  Connecticut,  which  yet  contains  only  fifty-nine  inhabit- 
ants to  the  square  mile,  the  population  has  not  been  in* 
creased  by  more  than  one  quarter  in  forty  years,  whilst 
that  of  England  has  been  augmented  by  one  third  in  the 
same  period.  The  European  emigrant  always  lands,  there- 
fore, in  a  country  wliich  is  but  half  fiill,  and  where  hands 
are  in  request  :  he  becomes  a  workman  in  easy  circum- 
stances ;  his  son  goes  to  seek  his  fortune  in  unpeopled 
regions,  and  becomes  a  rich  land-owner.  The  former 
amasses  the  capital  which  the  latter  invests  ;  and  the 
stranger  as  well  as  the  native  is  unacquainted  with  want. 

The  laws  of  the  United  States  are  extremely  favorable 
to  the  division  of  property  ;  but  a  cause  more  powerful 
than  the  laws  prevents  property  from  being  divided  to 
excess.*  Tliis  is  very  perceptible  in  the  States  which  are 
at  last  beginning  to  be  thickly  peopled  ;  Massachusetts  is 
the  most  populous  part  of  the  Union  ;  but  it  contains  only 
eighty  inhabitants  to  the  square  mile,  which  is  much  less 
than  in  France,  where  one  hundred  and  sixty-two»  are 
reckoned  to  the  same  extent  of  country.  But  in  Massa- 
chusetts, estates  are  very  rarely  divided;  the  eldest  son 
generally  takes  the  land,  and  the  others  go  to  seek  their 
fortune  in  their  desert.  The  law  has  abolished  the  right 
of  primogeniture,  but  circumstances  have  concurred  to  re- 
establish it  imder  a  form  of  which  none  can  complain,  and 
by  which  no  just  rights  are  impaired. 

A  single  fact  will  suffice  to  show  the  prodigious  number 
of  individuals  who  thus  leave  New  England  to  settle  ini 
the  wilds.  We  were  assured  in  1830,  that  thirty-six  of  the- , 
members  of  Congress  were  bom  in  the  little  State  of  Con^  ) 
necticut.  The  population  of  Connecticut,  which  consti- 
tutes only  one  forty-third  part  of  that  of  the  United  States, 
thus  furnished  one  eighth  of  the  whole  body  of  represent»- 

*  In  Now  England,  estates  are  very  small,  bat  they  are  rarely  subjected 
to  further  division.  * 


376  DEMOCRACY  IN  AMERICA. 

tives.  The  State  of  Connecticut  of  itself,  however,  sends 
only  five  delegates  to  Congress  ;  and  the  thirty-one  others 
sit  for  the  new  Western  States.  If  these  thirty-one  indi- 
viduals had  remained  in  Connecticut,  it  is  probable  that, 
instead  of  becoming  rich  land-owners,  they  would  have 
remained  humble  laborers,  that  they  would  have  lived  in 
obscurity  without  being  able  to  rise  into  public  life,  and 
that,  far  from  becoming  useful  legislators,  thpy  might  have 
been  unruly  citizens. 

These  reflections  do  not  escape  the  observation  of  the 
Americans  any  more  than  of  ourselves.  "  It  cannot  be 
doubted,"  says  Chancellor  Kent,  in  his  Treatise  on  Amer- 
ican Law,  "  that  the  division  of  landed  estates  must  pro- 
duce great  evils,  when  it  is  carried  to  such  excess  as  that 
each  parcel  of  land  is  insufficient  to  support  a  family  ;  but 
these  disadvantacres  have  never  been  felt  in  the  United 
States,  and  many  generations  must  elapse  before  they  can 
be  felt.  The  extent  of  our  inhabited  territory,  the  abun- 
dance of  adjacent  land,  and  the  continual  stream  of  emi- 
gration flowing  from  the  shores  of  the  Atlantic  towards 
the  interior  of  the  country,  suffice  as  yet,  and  will  long 
suffice,  to  prevent  the  parcelling  out  of  estates." 

It  would  be  difficult  to  describe  the  a\âditv  with  which 
the  American  rushes  forward  to  secure  this  immense  booty 
which  fortune  offers.  In  the  pursuit,  he  fearlessly  braves 
the  arrow  of  the  Indian  and  the  diseases  of  the  forest  ;  ht 
is  unimpressed  by  the  silence  of  the  woods  ;  the  approach 
of  beasts  of  prey  does  not  disturb  him  ;  for  he  is  goaded 
onwards  by  a  passion  stronger  than  the  love  of  life.  Be- 
fore him  lies  a  boundless  continent,  and  he  urges  onward 
as  if  time  pressed,  and  he  was  afraid  of  finding  no  room 
for  his  exertions.  I  have  spoken  of  the  emigration  from 
the  older  States  ;  but  how  shall  I  describe  that  which  takes 
place  from  the  more  recent  ones?  Fifty  years  liave 
scarcely   elapsed   since   that   of  Ohio   was   founded;   the 


CAUSES  WHICH  TEND  TO  MAINTAIN  DEMOCEACY.      377 

greater  part  of  its  inliabitants  were  not  bom  within  its 
confines  ;  its  capital  has  been  built  only  tbirty  years,  and 
its  territory  is  still  covered  by  an  immense  extent  of 
uncultivated  fields  ;  yet  already  the  population  of  Ohio  is 
proceeding  westward,  and  most  of  the  settlers"  who  de- 
scend to  the  fertile  prairies  of  Illinois  are  citizens  of  Ohio. 
These  men  left  their  first  country  to  improve  their  condi- 
tion ;  they  quit  their  second,  to  amehorate  it  still  more  ; 
fortune  awaits  them  everywhere,  but  not  happiness.  The 
desire  of  prosperity  is  become  an  ardent  and  restless  pas- 
sion in  their  minds,  which  grows  by  what  it  feeds  on. 
They  early  broke  the  ties  which  bound  them  to  their  natal 
earth,  and  they  have  contracted  no  â'esh  ones  on  their  way. 
Emigration  was  at  first  necessary  to  them;  and  it  soon 
becomes  a  sort  of  game  of  chance,  which  they  pursue  for 
the  emotions  it  excites,  as  much  as  fi)r  the  gain  it  procures. 

Sometimes  the  progress  of  man  is  so  rapid  that  the  des- 
ert reappears  behind  him.  The  woods  stoop  to  give  him  a 
passage,  and  spring  up  again  when  he  is  past.  It  is  not 
uncommon,  in  crossing  the  new  States  of  the  West,  to 
meet  with  deserted  dwellings  in  the  midst  of  the  wilds  ; 
the  traveller  frequently  discovers  the  vestiges  of  a  It^ 
house  in  the  most  sohtary  retreat,  which  bear  witness  to 
the  power,  and  no  less  to  the  inconstancy,  of  man.  In 
these  abandoned  fields,  and  over  these  ruins  of  a  day,  the 
primeval  forest  soon  scatters  a  fresh  vegetation  ;  the  beasts 
resume  the  haunts  which  were  once  their  own  ;  and  Na- 
ture comes  smiling  to  cover  the  traces  of  man  witli  green 
branches  and  flowers,  which  obliterate  his  ephemeral  track. 

I  remember,  that,  in  crossing  one  of  the  woodland  dis- 
tricts which  still  cover  the  State  of  New  York,  I  reached 
the  shores  of  a  lake  which  was  embosomed  in  forests  co- 
eval with  the  world.  A  small  island,  covered  with  woods 
whose  thick  foliage  concealed  its  banks,  rose  from  the 
centre  of  the  waters.     Upon  the  shores  rf  the  lake,  no 


378  DEMOCRACY  JN   AMEBJCA. 

object  attested  tlie  presence  of  man,  except  a  column  va 
snioke,  wliicii  miglit  be  seen  on  the  horizon  rising  from  the 
tops  of  tlie  trees  to  tlie  clouds,  and  seeming  to  liang  from 
heaven  rather  than  to  be  mounting  lo  it.  An  Indian  canoe 
was  hauled  up  on  the  aajid,  which  tempted  me  to  visit  the 
islet  that  liad  first  attracted  my  attention,  and  in  a  few 
minutes  I  set  foot  upon  its  banks.  The  whole  island 
formed  one  of  those  delicious  solitudes  of  the  New  World, 
which  ahnost  lead  civilized  niau  to  regret  the  haunts  of  the 
saviigc.  A  luxuriant  vegetation  bore  witness  to  the  incom- 
parable fhtitfulness  of  the  soil.  The  deep  silence,  which  is 
common  to  the  wilds  of  North  America,  was  only  broken 
by  the  monotonous  cooing  of  the  wood-pigeons,  and  the 
tapping  of  the  woodpecker  upon  the  bark  of  trees.  I  was 
far  from  sii]iposlng  that  this  spot  bîid  ever  been  inhabited* 
BO  completely  did  Nature  seem  to  be  left  to  herself;  but 
when  I  reached  the  centre  of  the  isle,  I  thought  that  I  dis- 
covered some  traces  of  man.  I  then  proceeded  to  examine 
the  surrounding  objects  with  care,  and  I  soon  perceived 
that  a  European  had  undoubtedly  been  led  to  seek  a  refuge 
in  this  place.  Yet  what  changes  had  taken  place  in  tbe 
scene  of  his  labors  I  The  logs  which  he  had  hastily  hemt 
to  build  himself  a  shed  had  sprouted  airesh  ;  the  very 
props  were  intertwined  with  living  verdure,  and  his  caluii 
was  transformed  into  a  bower.  In  the  midst  of  these 
shrubs,  a  few  stones  were  to  be  seen,  blackened  with  fire 
and  sprinkled  with  thin  ashes  ;  here  the  hearth  had  no 
doubt  been,  and  the  chimney  in  falling  had  covered  it  with 
rubbish,  I  stood  for  some  lime  in  silent  admiration  of  the 
resources  of  Nature  and  the  littleness  of  man  ;  and  when 
I  was  obliged  to  leave  that  enchanting  solitude,  I  exclaimed 
witli  sadness,  "  Are  ruins,  then,  already  here  ?  " 

In  Europe,  we  are  wont  to  look  upon  a  restless  disposi- 
tion, an  unbounded  desire  of  riches,  and  an  excessive  love 
of  independence,  as  propensities  very  dangerous  to  society. 


CAUSES   WHICH  TEND   TO  UAINTÂDI  DEMOCBACY.       879 

Yet  these  are  the  very  elemoots  wliicli  insure  a  long  and 
peaceful  &ture  to  tlie  republics  of  America.  Without 
these  unquiet  passions,  the  population  would  collect  in  cer- 
tain spots,  and  would  soon  experience  wants  like  those  of 
the  Old  Worid,  which  it  is  difficult  to  satisfy  ;  for  such  is 
die  present  good  fortune  of  the  New  World,  that  tlie  vices 
of  its  inhabiuuits  are  scarcely  less  &voral>le  to  society  than 
their  virtues.  These  circumstances  exercise  a  great  influ- 
ence on  the  estimation  in  which  human  actons  are  held  in 
the  two  hemispheres.  What  we  should  call  cupidity,  the 
Americans  frequently  term  a  laudable  industry  ;  and  th^ 
blame  as  faint-heartedness  what  we  consider  to  be  the  vii^ 
tue  of  moderate  desires. 

In  France,  simple  tastes,  orderly  manners,  domestic 
affections,  and  the  attachment  which  men  feel  to  the  place 
of  their  birth,  are  looked  upon  as  great  guaranties  of  the 
tranquillity  and  happiness  of  the  state.  But  in  America, 
nothing  seems  to  be  more  prejudicial  to  society  than  such 
virtues.  The  French  Canadians,  who  have  feithiully  pre- 
served the  traditions  of  their  ancient  manners,  are  already 
embarrassed  for  room  upon  their  small  territory  ;  and  this 
little  community,  which  has  so  recently  begun  to  exist,  will 
shortly  be  a  prey  to  the  calamities  incident  to  old  nations. 
In  Canada,  the  most  enlightened,  patriotic,  and  liumane 
inhabitants  make  extraordinary  efforts  to  render  the  peo- 
ple dissatisfied  with  those  simple  enjoyments  which  sUU 
content  them.  There  the  seductions  of  wealth  are  vaunts 
ed  with  as  much  zeal  as  the  charms  of  a  moderate  comp^ 
tency  in  the  Old  World  ;  and  more  exertions  are  made  to 
excite  the  passions  of  the  citizens  there,  than  to  calm  them 
elsewhere.  If  we  listen  to  their  accounts,  we  shall  hear 
that  nothing  is  more  praiseworthy  than  to  exchange  the 
pure  and  tranquil  pleasures  which  even  the  poor  man  tastes 
in  his  own  country,  for  the  sterile  delights  of  prosperity 
under  a  foreign  sky  ;  to  leave  the  patrimonial  heartK,  «l 


4 


8Sy  DEMOCRACY  IN   AMERICA. 

iho  turf  beneath  which  ooe's  forefalhers  sleep,  —  in  Bhoi% 
to  iibaiidon  the  living  and  the  dead,  in  ({uest  of  fortune. 

At  the  present  time,  America  presenU  a  field  for  honnui 
effort  fer  more  extensive  than  any  sum  of  labor  which  can 
be  applied  to  work  it.  In  America,  too  mnch  knowledge 
cannot  be  diffused  ;  for  all  knowledge,  whilst  it  may  serve 
liim  who  possesses  it,  turns  also  to  tho  advantage  of  thoee 
who  are  without  it.  New  wants  are  not  to  be  feared  there, 
sinte  they  can  be  satisfied  witliout  difficulty;  tlie  growth 
of  Imnuui  passions  need  not  be  dreaded,  since  all  passions 
may  find  an  easy  and  a  le^timate  object  ;  nor  can  men 
there  be  made  too  free,  smce  they  are  scarcely  ever  tempt- 
ed to  misuse  their  hberties. 

The  American  republics  of  the  present  day  are  like  coair 
panics  of  adventurers,  formed  to  explore  in  common  tha 
waste  lands  of  the  New  World,  and  busied  in  a  floimshing 
trade.  The  passions  which  agitate  the  Americans  most 
deeply  are  not  their  political,  but  their  commercial,  pas- 
sions ;  or,  rather,  they  introduce  the  habits  of  business  into 
their  political  life.  They  love  order,  without  which  aâurs 
do  not  prosper  ;  and  tliey  set  an  especial  value  upon  regu- 
lar conduct,  which  is  the  foundation  of  a  solid  business. 
They  prefer  the  good  sense  which  amasses  large  fortunes 
to  that  enterprising  genius  which  frequently  dissipates 
them  ;  general  ideas  alarm  their  minds,  which  are  accus- 
tomed to  positive  calculations  ;  and  they  hold  practice  in 
more  honor  than  theory. 

It  is  in  America  that  one  learns  to  understand  the  influ- 
ence which  physical  prosperity  exercises  over  political  ac- 
tions, and  even  over  opinions  which  ought  to  acknowledge 
no  sway  but  that  of  reason  ;  and  it  is  more  especially 
among  strangers  that  this  truth  is  perceptible.  Most  of 
the  European  emigrants  to  tlie  New  World  cany  with 
ihern  that  wild  love  of  independence  and  change  which 
our  calamities  are  so  apt  to  produce.      I  sometimes  met 


CAUSES   WHICH  TEND  TO  MAINTAIN  DEMOCRACY.       381 

wîth  Europeans  în  the  United  States,  who  had  been  obliged 
to  leave  their  country  on  account  of  their  political  opinions. 
They  all  astonished  me  by  the  language  they  held,  but  one 
of  them  surprised  me  more  than  all  the  rest.  As  I  was 
crossing  one  of  the  most  remote  districts  of  Pennsylvania, 
I  was  benighted,  and  obliged  to  beg  for  hospitality  at  the 
gate  of  a  wealthy  planter,  who  was  a  Frenchman  by  birth. 
He  bade  me  sit  down  beside  his  fire,  and  we  began  to  talk 
with  that  freedom  which  befits  persons  who  meet  in  the 
backwoods,  two  thousand  leagues  from  their  native  coun- 
try. I  was  aware  that  my  host  had  been  a  great  leveller 
and  an  ardent  demagogue  forty  years  ago,  and  that  his 
name  was  in  history.  I  was  therefore  not  a  little  surprised 
to  hear  him  discuss  tlie  rights  of  property  as  an  economist 
or  a  land-owner  might  have  done  :  he  spoke  of  the  neces- 
sary gradations  which  fortune  establishes  among  men,  of 
obedience  to  established  laws,  of  the  influence  of  good 
morals  in  commonwealtlis,  and  of  the  support  which  relig- 
ious opinions  give  to  order  and  to  freedom  ;  he  even  went 
so  far  as  to  quote  the  authority  of  our  Saviour  in  support 
of  one  of  his  political  opinions. 

I  listened,  and  marv^elled  at  the  feebleness  of  human  rea- 
son. How  can  we  discover  whether  a  proposition  is  true 
or  false,  in  the  midst  of  the  uncertainties  of  science  and  the 
conflicting  lessons  of  experience  ?  A  new  feet  disperses  all 
my  doubts.  I  was  poor,  I  have  become  rich  ;  and  I  am 
not  to  expect  that  prosperity  will  act  upon  my  conduct, 
and  leave  my  judgment  free.  In  truth,  my  opinions 
change  with  my  fortune  ;  and  the  happy  circumstances 
which  I  turn  to  my  advantage  furnish  me  with  that  deci- 
sive argument  which  was  before  wanting. 

The  influence  of  prosperity  acts  still  more  freely  upon 
Americans  than  upon  strangers.  The  American  has  al- 
ways seen  public  order  and  pubUc  prosperity  intimately 
united,  and  proceeding  side  by  side  before  his  eyes  ;  h& 


382  I>EM0CBAC1i-   IS   AMERICA. 

cannot  e^en  imagine  that  one  can  Bubeist  without  the 
other  :  he  has  therefore  nothing  to  forget  ;  nor  bas  ho. 
like  so  many  Europeans,  to  unk>am  the  lessons  of  his  early 
educatioD. 


Three  pnndpgJ  Csosei  of  the  Sluntsnan're  of  tb«  Dciaocntic  Itdptitilic. — 
Fisiisral  Union.  —  Townihip  Insdtulioiia,  —  Jndiri&i  Power. 

The  principal  aim  of  this  book  liaa  heen  to  make  known 
the  laws  of  the  United  States  ;  if  this  pur[)08e  has  been 
accomplished,  the  reader  is  already  enabled  to  judge  for 
himself  which  arc  the  laws  tliat  really  tend  to  maintain 
tlio  democratic  republic,  and  which  endanger  its  existence- 
If  I  have  not  succeeded  in  explmning  this  in  the  whcJe 
course  of  my  work,  I  cannot  hope  to  do  so  in  a  sin^e 
chapter.  It  is  not  my  intention  to  retrace  the  path  I  hare 
already  pursued  ;  and  a  few  lines  will  suffice  to  recapitu- 
late what  I  have  said. 

Tliree  circumstances  aeem  to  me  to  contribute  more  than 
all  otbers  to  tlie  maintenance  of  the  democratic  republic  in 
the  Unite<l  States. 

Tlie  first  is  tliat  federal  form  of  government  which  the 
Americans  have  adopted,  and  which  enables  the  Union  to 
combine  the  power  of  a  great  republic  with  the  secuiitf 
of  a  small  one  ; 

The  second  consists  in  those  township  institutions  which 
limit  the  despotism  of  the  majority,  and  at  the  same  dme 
impart  to  the  people  a  taste  for  freedom,  and  the  art  of 
being  free  ; 

T!ie  tbird  is  to  he  found  in  the  constitution  of  the 
judicial  power.  I  have  shown  how  the  courts  of  justice 
serve  to  I'cpress  the  excesses  of  democracy,  and  how  they 
check  and  direct  the  impulses  of  the  majority  withont  slop' 
ping  its  activity.  , 


CAUSES  WHICH  TEND   TO  MADTTAIH  DEMOCRACY.      388 


I  HAVE  previously  remarked  that  tlie  manners  of  the 
people  may  be  considered  as  one  of  the  great  general 
causes  to  which  the  maintenance  of  a  democratic  republic 
in  the  United  States  is  attributable.  I  here  use  the  word 
mamia-s  with  the  meaning  which  the  ancients  attached  to 
the  word  mares;  for  I  apply  it  not  only  to  manners  proper- 
ly so  called,  —  tliat  is,  to  what  might  be  termed  the  habtit 
of  the  heart,  —  but  to  the  various  notions  and  opinions  cur- 
rent among  men,  and  to  the  mass  of  those  ideas  which  con- 
stitute their  character  of  mind.  I  comprise  under  this 
term,  therefore,  the  whole  moral  and  intellectual  condition 
of  a  people.  My  intention  is  not  to  draw  a  picture  of 
American  manners,  but  simply  to  point  out  such  features 
of  them  as  are  Ëivorable  to  the  maintenance  of  their  pohtt- 
cal  institutions. 


KSLIGION  CONSIDERED  A9  A  POUTICAL  INOTFrUTION,  WHICH 
POWERFULLY  CONTRIBUTES  TO  THE  MAINTENANCE  OP  THE 
DEMOCRATIC   EEPUBIJC   AMONGST   THE    AMERICANS. 

North  Amcrion  peopled  b;  Men  who  profcned  a  Democratic  and  RcpnhUcMi 
Chrisliunily.  —  Arrivikl  of  the  Catholics.  — Wh j  tho  CatlioUca  now  (am 
tho  most  Democratic  and  moat  Bopnblican  Claw. 

By  the  side  of  every  religion  is  to  be  found  a  political 
opinion,  which  is  connected  with  it  by  affinity.  If  the 
human  mind  be  left  to  follow  its  own  bent,  it  will  regulate 
the  temporal  and  spiritual  instjtutions  of  society  in  a  un>- 
form  manner  ;  and  man  will  endeavor,  if  I  may  so  speak, 
to  harmonize  earth  with  heaven. 

The  greatest  part  of  British  America  was  peopled  by 
men  who,  after  having  shaken  ofif  the  authority  <£.  ^a 


384  DESllXUACÏ   IN   AMERICA. 

Pope,  acknowledged  no  other  rvIigioiK  supremacy:  tl«y 
brouglil  with  tliimi  into  the  New  World  a  form  of  Chrift- 
tianitj',  which  I  cannot  better  describe  than  by  styling  ît 
a  democratic  aiid  republican  religion.  This  contribated 
powerfully  to  the  estalihshment  of  a  repubhc  and  a  de- 
mocracy in  public  affairs  ;  and  from  the  be^ning,  polities 
and  religion  contracted  an  aUiance  which  has  never  been 
dissolved,         . 

Aljout  fifty  years  ago,  Ireland  began  to  pour  a  Catholic 
population  into  the  United  States  ;  and  on  their  part,  the 
Catliolics  of  America  made  proselytes,  so  that,  at  the  pra»- 
ent  moment,  more  than  a  million  of  Christians,  profesai^ 
the  truths  of  the  Church  of  Rome,  are  to  be  found  in  the 
Union.  These  CathoUcs  are  fitithful  to  the  observances  of 
their  religion  ;  they  ai-o  fervent  and  zealous  in  the  beHrf 
of  their  doctrines.  Yet  they  constitute  the  most  repub- 
lican and  the  most  democratic  class  in  the  United  States. 
This  fact  may  surprise  the  observer  at  first,  but  the  causes 
of  it  may  easily  be  discovered  upon  reflection. 

I  think  that  the  Catholic  religion  has  erroneously  been 
regarded  as  the  natural  enemy  of  democracy.  Amongst 
the  various  sectâ  of  Christiana,  Oathohcism  seems  to  me, 
on  the  contrary,  to  be  one  of  the  most  favorable  to  equality 
of  condition  among  men.  In  the  Catholic  Church,  the 
religious  community  is  composed  of  only  two  elements  ; 
the  priest  and  the  people.  The  priest  alone  rises  above 
the  rank  of  his  flock,  and  all  below  him  are  equal. 

On  doctrinal  points,  the  Catholic  fal\h  places  all  humau 
capacities  upon  the  same  level  ;  it  subjects  the  wise  and 
ignorant,  the  man  of  genius  and  the  vulgar  crowd,  to  tha 
details  of  the  same  creed  ;  it  imposes  the  same  observances 
upon  the  rich  and  needy,  it  inflicts  the  same  austerities 
npon  the  strong  and  the  weak  ;  it  listens  to  no  compromise 
ViUi.mortal  man,  but,  reducing  all  the  human  race  te  the 
Wne  Standard,  it  confounds  all  the  distinctions  of  society 


CAUSES   WHICH  TEND  TO  MAINTAIN  DEUOCBACT.      885 

at  the  foot  of  the  same  altar,  even  as  thej  are  confounded 
in  the  sight  of  God.  If  Catholicbm  predisposes  the  faith- 
fid  to  obedience,  it  certainly  does  not  prepare  them  for  in- 
eqnali^  :  but  the  contrary  maj  be  said  of  Proteetantism, 
which  generally  tends  to  make  men  independent,  more 
than  to  render  them  equal.  Catholicism  is  like  an  abso- 
lute monarchy  ;  if  the  sovereign  be  removed,  all  the  other 
classes  of  society  are  more  equal  than  in  republics. 

It  has  not  unfrequendy  occurred  that  the  Cathohc  priest 
has  left  the  service  of  the  altar  to  mix  with  the  governing 
powers  of  socie^,  and  to  take  his  place  amongst  the  civil 
ranks  of  men.  This  religions  influence  has  sometimes 
been  used  to  secure  the  duration  of  that  political  state  of 
things  to  wliich  he  belonged.  Thus  we  have  seen  Cath- 
olics taking  the  side  of  aristocracy  from  a  religious  motive. 
But  no  sooner  is  the  priesthood  entirely  separated  fr^mi 
the  gOTemmcnt,  as  is  the  case  in  the  United  States,  than 
it  is  found  that  no  class  of  men  are  more  naturally  disposed 
than  the  Catholics  to  transfer  the  doctrine  of  the  equality 
of  condition  into  the  political  world. 

If,  then,  tlie  Catholic  citizens  of  the  United  States  ara 
not  forcibly  led  by  the  nature  of  their  tenets  to  adopt  dem- 
ocratic and  republican  principles,  at  least  they  are  not 
necessarily  opposed  to  them  ;  and  their  social  position,  as 
well  as  their  limited  number,  obliges  them  to  adopt  these 
opinions.  Most  of  the  Catholics  are  poor,  and  they  have 
no  chance  of  taking  a  part  in  the  government  unless  it  be 
open  to  all  the  citizens.  They  constitute  a  minority,  and 
all  rights  must  be  respected  in  order  to  insure  to  them  the 
firee  exercise  of  their  own  privileges.  These  two  cause* 
induce  them,  even  unconsciously,  to  adopt  political  doo* 
trines  which  tliey  would  perhaps  support  with  less  zeal  if 
they  were  rich  and  preponderant. 

The  Catholic  clergy  of  the  United  States  have  nertf 
attempted  to  oppose  this  political  tendency  \  but  tluK^  vada. 


886  DEHOGSACT  IN  AMERICA. 

rather  to  justify  it  The  Catholic  priests  in  America  Lave 
divided  the  intellectual  worid  into  two  parts  :  in  the  one, 
they  place  the  doctrines  of  revealed  religion,  which  thejr 
assent  to  without  discussion  ;  in  the  other,  they  leave  those 
political  truths,  which  they  believe  the  Deily  has  left  open 
to  free  inquiry.  Thus  the  Catholics  of  the  United  States 
are  at  the  same  time  the  most  submissive  beUeveia  and  the 
most  independent  citizens. 

It  may  be  asserted,  then,  that  in  the  United  States  no 
religious  doctrine  displays  the  slightest  hostility  to  demo- 
cratic and  republican  institutions.  The  clergy  of  all  the 
different  sects  there  hold  the  same  language  ;  their  opinions 
are  in  agreement  with  the  laws,  and  the  human  mind  flows 
onwards,  so  to  speak,  in  one  undivided  current. 

I  happened  to  be  staying  in  one  of  the  largest  cities  in 
the  Union,  when  I  was  invited  to  attend  a  public  meeting 
in  favor  of  the  Poles,  and  of  sending  them  supplies  of 
arms  and  money.  I  found  two  or  three  tlioasand  persons 
collected  in  a  vast  liall,  which  had  been  prepared  to  receive 
tliem.  In  a  short  time,  a  priest,  in  his  ecclesiastical  robes, 
advanced  to  the  front  of  the  platform  :  the  spectators  rose, 
and  stood  uncovered  in  silence,  whilst  he  spoke  in  the  fol- 
lowing terms:  — 

"  Almighty  God  !  the  God  of  armies  !  Thou  who  didst  " 
strengthen  the  hearts  and  guide  the  arms  of  our  fitthers 
when  they  were  fighting  for  the  sacred  rights  of  their 
national  independence!  Thou  who  didst  make  them  tri- 
umph over  a  hateful  oppression,  and  hast  granted  to  our 
people  the  benefits  of  liberty  and  peace  I  turn,  O  Lord,  a 
favorable  eye  upon  the  other  hemisphere;  pitifully  look 
down  ui)on  an  heroic  nation  which  is  even  now  struggling 
as  we  did  in  the  former  time,  and  for  the  same  rights. 
Thou,  who  didst  create  man  in  the  same  image,  let  not 
tyranny  mar  tliy  work,  and  establish  inequality  upon  the 
earth.     Almiglily  CjoâL\  Aa  Xkovi  ^atoh  over  the  dehitiny 


CAUSES  WHICH  TEND   TO  MAETTAra  DEMOCBACY.       387 

of  the  Poles,  and  make  them  worthy  to  be  free.  May  thy 
wisdom  direct  their  councila,  may  tliy  strength  sustain 
"their  arms  I  Shed  forth  thy  terror  over  their  enemies  ; 
scatter  the  powers  wtiich  take  counsel  against  them  ;  and 
permit  not  the  injustice  which  the  world  has  witnessed  for 
fifty  years  to  be  consummated  in  our  time.  O  Lord,  who 
boldest  alike  the  hearts  of  nations  and  of  men  in  thy  pow- 
erhil  hand,  raise  up  allies  to  the  sacred  cause  of  right; 
arouse  the  French  nation  from  the  apatliy  in  which  its 
rulers  retain  it,  that  it  may  go  forth  again  to  fight  for  the 
liberties  of  the  world. 

**  Lord,  turn  not  thou  thy  &ce  from  us,  and  grant  that 
we  may  always  be  the  most  religious,  as  well  as  the  freest, 
people  of  tlie  earth.  Almighty  God,  hear  our  supplicar 
tions  tliis  day.  Save  the  Poles,  we  beseech  thee,  in  the 
name  of  thy  well-beloved  Son,  our  Lord  Jesus  Christ,  who 
died  upon  the  cross  for  the  salvation  of  all  men.    Amen." 

The  whole  meeting  responded,  "  Amen  I  "  with  devotion. 


Christian  Moratitj  common  to  all  Secti.  —  Influeaco  of  Religion  upon  the 
Manners  of  the  Americana.  —  Respect  for  the  MBiriago  Tie.  —  Hot 
Religion  conRncs  the  Imnginatloii  of  tlio  Amcriraiis  witliin  certain  Lim- 
ita, nni]  checks  iho  Paiwion  for  Innovation.  —  Opinion  of  tho  Amercnnt 
on  the  political  Utility  of  Religion.  —  Their  Exertions  to  extenil  and 
■ecoro  its  AndioriC;. 

I  HAVE  just  shown  what  the  direct  influence  of  religion 
upon  politics  is  in  die  United  States  ;  but  its  indirect  in- 
fluence appears  to  me  to  be  still  more  considerable,  and  it 
never  instructs  the  Americans  more  fully  in  the  art  of 
being  free  than  when  it  says  nothing  of  freedom. 

The  sects  whicli  exist  in  the  United  States  are  imuk- 


S88  DEMOCRACr   IN   AMEBICA. 

merable.  They  aJl  diifer  in  respect  to  the  worehip  whic^ 
is  due  to  the  Creator  ;  but  they  all  agree  in  TMpect  to  the 
duties  which  are  due  from  man  to  man.  Eacli  sect  adores 
the  Deity  in  its  own  peculiar  manner  ;  but  all  sects  preach 
tbe  same  moral  law  in  the  name  o(  God.  If  it  he  of  the 
liiglifst  importance  to  man,  us  &n  individual,  that  his  relig- 
ion should  he  true,  it  is  not  so  to  society.  Society  bas  no 
future  life  to  hope  for  or  to  fear  ;  and  provided  the  citizens 
profess  a  religion,  the  peculiar  tenets  of  that  religion  are 
of  little  importance  to  its  interests.  liloreover,  all  the 
sects  of  the  United  States  are  compnsed  within  the  great 
unity  of  Christianity,  and  Christian  morality  is  everywhere 
the  same. 

It  may  feirly  be  believed,  that  a  certain  number  of 
Americans  pursue  a  peculiar  form  of  worship  fi-om  habit 
more  than  from  conviction.  In  the  United  States,  the 
sovereign  authority  is  religious,  and  consequently  hypocrisy 
must  he  common  ;  hut  there  is  no  country  in  the  world 
where  the  Christian  religion  retains  a  greater  influence 
over  the  souls  of  men  than  in  America  ;  and  there  can  be 
no  greater  proof  of  its  utility,  and  of  its  conformity  to 
human  nature,  than  that  its  influence  is  powerfully  felt 
over  the  most  enlightened  and  free  nation  of  the  earth. 

I  have  remarked  tliat  the  American  clergy  in  general, 
without  even  excepting  those  wlio  do  not  admit  religious 
liberty,  are  all  in  favor  of  civil  freedom  ;  hut  they  do  not 
support  any  particular  political  system.  They  keep  aloof 
from  parties,  and  from  public  aflairs.  In  the  United 
Slates,  religion  exercises  but  little  influence  upon  the  laws, 
and  upon  the  details  of  public  opinion  j  but  it  directs  the 
manners  of  the  community,  and,  by  regulating  domestic 
life,  it  regulates  the  state. 

I  do  not  question  that  the  great  austerity  of  manners 
■which  is  observable  in  the  United  States  arises,  in  the  first 
instance,  from  religious  faith.     Keligion  is  oficn  unable  to 


CAUSES  WfflOH  TEND  TO  MAINTAIN  DEMOCRACY.       889 

restrain  man  from  the  numiberless  temptations  which 
chance  offers  ;  nor  can  it  check  that  passion  for  gain  which 
everything  contributes  to  arouse:  but  its  influence  over 
the  mind  of  woman  is  supreme,  and  women  are  die  pro- 
tectors of  morals.  There  is  certainly  no  country  in  the 
world  where  the  tie  of  marriage  is  more  respected  than  in 
America,  or  where  conjugal  happiness  is  more  highly  or 
worthily  appreciated.  In  Europe,  almost  all  the  disturb- 
ances of  society  arise  firom  the  irregularities  of  domestic 
life.  To  despise  the  natural  bonds  and  legitimate  pleasures 
of  home,  is  to  contract  a  taste  for  excesses,  a  restlessness 
of  heart,  and  fluctuating  desires.  Agitated  by  the  tumul- 
tuous passions  which  fi^uently  disturb  his  dwelling,  the 
European  is  galled  by  the  obedience  which  the  legislative 
powers  of  the  state  exact.  But  when  the  American 
retires  from  the  turmoil  of  public  life  to  the  bosom  of  his 
family,  he  finds  in  it  the  image  of  order  and  of  peace. 
There  his  pleasures  are  simple  and  natural,  his  joys  are 
innocent  and  calm  ;  and  as  he  finds  that  an  orderly  life  is 
the  surest  path  to  happiness,  he  accustoms  himself  easily 
to  moderate  his  opinions  as  well  as  his  tastes.  Whilst  the 
European  endeavors  to  forget  his  domestic  troubles  by  agi- 
tating society,  the  American  derives  from  his  own  home 
that  love  of  order  which  he  afterwards  carries  with  him 
into  public  affairs. 

In  the  United  States,  the  influence  of  religion  is  not 
confined  to  the  manners,  but  it  extends  to  the  intelligence, 
of  the  people.  Amongst  the  Anglo-Americans,  some  pro- 
fess the  doctrines  of  Christianity  from  a  sincere  belief  in 
them,  and  others  do  the  same  because  they  fear  to  be  sus- 
pected of  unbelief.  Christianity,  therefore,  reigns  without 
obstacle,  by  universal  consent;  the  consequence  is,  as  I 
have  before  observed,  that  every  principle  of  the  moral 
world  is  fixed  and  determinate,  although  the  political  world 
is  abandoned  to  the  debates  and  the  experiments  of  men. 


S90  DEMOCBAOV  IN   AMKBICA.  ^ 

Thus  the  human  mind  is  never  left  to  wander  over  a 
boundless  field  ;  and,  whatever  may  be  its  pretension»,  it 
is  checked  from  time  to  time  by  barriers  which  it  can- 
not surmount.  Before  it  can  innovate,  certain  primary 
principles  are  laid  down,  and  the  boldest  conceptions  are 
subjected  to  certain  forma  wliich  retard  and  stop  their 
completion. 

The  imagination  of  the  Americans,  even  in  its  greatest 
flighls,  is  circumspect  and  undecided  ;  its  impulses  ore 
checked,  and  its  works  unfinished.  These  habits  of  re- 
straint recur  in  political  society,  and  are  singularly  favora- 
ble both  to  the  tranquillity  of  the  people  and  the  durability 
of  the  institutions  they  have  estabUsbed.  Nature  and  cir- 
cumstances have  made  the  inhabitants  of  the  United  States 
bold,"  as  is  sufficiently  attested  by  tlie  enterprising  spirit 
with  wliicli  they  seek  for  fortune.  If  the  mind  of  the 
Americans  were  free  from  all  trammels,  they  would  shortly 
become  tlie  most  daring  innovators  and  the  most  persistent 
disputants  in  the  world.  But  the  revolutionists  of  Amer- 
ica are  obliged  to  profess  an  ostensible  respect  for  Christian 
morality  and  equity,  which  does  not  permit  them  to  violate 
Wantonly  the  laws  that  oppose  their  designs  ;  nor  would 
they  find  it  easy  to  surmount  the  scruples  of  their  parti- 
,  sans,  even  if  tliey  were  able  to  get  over  tlieir  own.  Hith- 
I  erto,  no  one  in  the  United  States  has  dared  to  advance  the 
■t.maxim  that  everything  is  permissible  for  the  interests  of 
society, —  an  impious  adage,  which  seems  to  have  been 
invented  in  an  age  of  freedom  to  shelter  all  fiiture  tyrants. 
Thus,  whilst  the  law  permits  the  Americans  to  do  what 
they  please,  religion  prevents  them  from  conceiving,  and 
forbids  them  to  commit,  what  is  rash  or  unjust. 

Religion  in  America  takes  no  direct  part  in  the  govern- 
ment of  society,  but  it  must  be  regarded  as  the  first  of 
their  political  institutions  ;  for  if  it  does  not  impart  a  taste 
for  freedom,  it  facilitates  the  use  of  it.     Indeed,  it  is  is 


CAUSES  WHICH  TEND  TO  MAINTAIN  DEMOCBACY.       391 

this  same  point  of  view  that  the  inhabitants  of  the  United 
States  themselves  look  upon  reUgious  beUef.  I  do  not 
know  whether  all  the  Americans  have  a  sincere  faith  in 
their  religion,  —  for  who  can  search  the  himian  heart  ?  — 
but  I  am  certain  that  they  hold  it  to  be  indispensable  to 
the  maintenance  of  repubUcan  institutions.  This  opinion 
is  not  peci^liar  to  a  class  of  citizens,  or  to  a  party,  but  it 
belongs  to  the  whole  nation,  and  to  every  rank  of  society. 

In  the  United  States,  if  a  poUtician  attacks  a  sect,  this 
may  not  prevent  the  partisans  of  that  very  sect  from  sup- 
porting him  ;  but  if  he  attacks  all  the  sects  together,  every 
one  abandons  him,  and  he  remains  alone. 

Whilst  I  was  in  America,  a  witness,  who  happened  to  be 
called  at  the  Sessions  of  the  county  of  Chester  (State  of 
New  York),  declared  that  he  did  not  believe  in  the  exist- 
ence of  God,  or  in  the  immortahty  of  the  soul.  The  judge 
refused  to  admit  his  evidence,  on  tlie  ground  that  the  wit- 
ness had  destroyed  beforehand  all  the  confidence  of  the 
court  in  what  he  was  about  to  say.*  The  newspapers 
related  the  fact  without  any  further  comment. 

*  The  New  York  Spectator  of  August  23,  1831,  relates  the  fact  in  the 
following  terms  :  "  The  Court  of  Common  Fleas  of  Chester  County  (New 
York)  a  few  days  since  rejected  a  witness  who  declared  his  disbelief  in  the 
existence  of  God.  The  presiding  judge  remarked,  that  he  had  not  before 
been  aware  that  tliere  was  a  man  living  who  did  not  believe  in  the  existence 
of  God  ;  that  this  belief  constituted  the  sanction  of  all  testimony  in  a  court 
of  justice  ;  and  that  he  knew  of  no  cause  in  a  Christian  country  where  a 
witness  had  been  permitted  to  testify  without  such  belief." 

[The  exclusion  of  the  testimony  of  atheists  is  not  a  peculiarity  of  Ameiv 
ican  jurisprudence,  but  is  a  principle  of  the  English  Common  Law,  which- 
is  still  enforced  in  England  as  well  as  in  this  country.  It  is  not  upheld  aa 
a  mark  of  respect  for  the  Christian  religion,  or  because  an  atheist  is  unwor- 
thy of  belief,  but  because  no  man  is  allowed  to  testify  in  a  court  of  justice 
except  ho  is  under  oath,  and  an  oath  has  no  meaning,  because  it  has  no 
sanction,  in  the  mouth  of  one  who  does  not  believe  in  a  just  God  and  a 
future  retribution.  The  atheist  is  excluded,  therefore,  not  because  he  does 
not  believe  what  others  believe,  but  because  he  cannot  be  sworn. — Ax  Ed.\ 


892  DEMOCBACY  tH   AUKIttCA. 

The  Americans  combine  the  notions  of  Cliristiani^  and 
of  liberty  so  intimatel}'  in  llieir  minds,  that  it  in  impossible 
to  make  tliem  conceive  the  one  without  the  other  ;  and 
■with  them,  tliia  conviction  does  not  spring  from  that  bar- 
ren, traditionary  faith  which  saeaoi  to  Tegotat«  rather  than 
to  live  in  the  soul. 

I  have  known  at  societies  formed  by  the  Americans  to 
send  out  ministers  of  the  Gospel  into  the  new  Western 
States,  to  found  schools  and  clinrchea  there,  lest  religion 
should  1>B  suBei-ed  to  die  away  in  those  remote  RcttlemenU, 
and  the  rising  States  be  less  titted  to  enjoy  free  iiutitutioDS 
than  the  people  from  whom  they  came.  I  met  with  weal- 
thy New-Englanders  wlio  abandoned  tlie  country  in  which 
tliey  were  bom,  in  order  to  lay  the  foundations  of  Chria- 
tiunity  and  of  freedom  on  the  banks  of  tlie  Missouri,  or  in 
tlie  pr^ries  of  Illinois.  Thus  religious  zeal  is  perpetually 
warmed  in  the  United  States  by  the  fires  of  patriotism. 
These  men  do  not  act  exclusively  from  a  consideration  of  a. 
future  life  ;  eternity  is  only  one  motive  of  their  devotion 
to  the  cause.  If  you  converse  with  these  missionaries  of 
,  Christian  civihzation,  you  will  he  surprised  to  hear  them 
speak  so  often  of  the  goods  of  this  world,  and  to  meet  a 
politician  where  you  expected  to  find  a  priest.  They  will 
tell  you,  that  "  all  the  American  republics  are  collectively 
involved  with  each  other;  if  the  republics  of  the  West 
were  to  fall  into  anarchy,  or  to  be  mastered  by  a.  despot, 
the  republican  institutions  which  now  flourish  upon  the 
shores  of  the  Atlantic  Ocean  would  be  in  great  peril.  It 
is  therefore  our  interest  that  tlie  new  States  should  be  re- 
ligious, in  order  that  they  may  permit  us  to  remain  free." 

Such  are  the  opinions  of  the  Americans:  and  if  any 
hold  that  the  religious  spirit  which  I  admire  is  the  very 
thing  most  amiss  in  America,  and  that  the  only  element 
wanting  to  the  freedom  and  happiness  of  the  human  race 
QD  the  other  side  of  the  ocean  is  to  believe  with  Spinoza  in 


CAUSES  WHICH  TEND  TO  UAINTAIN  DEMOCRACT.      893 

the  etemi^  of  the  world,  or  with  Cabanis  that  thou^t  is 
secreted  by  the  brain,  I  can  only  reply,  that  those  who 
hold  this  language  have  never  been  in  America,  and  that 
tbey  have  never  seen  a  religious  or  a  free  nation.  When 
they  return  &om  a  visit  to  that  country,  we  shall  hear  what 
they  have  to  say. 

There  are  persons  in  France  who  look  ilpon  republican 
institutions  only  as  a  means  of  obtaining  grandeur  ;  they 
measure  the  immense  space  which  separates  their  vices 
and  misery  &om  power  and  riclies,  and  they  aim  to  fill  up 
this  gulf  with  ruins,  that  they  may  pass  over  it.  These 
men  are  the  condottwri  of  liberty,  and  fight  for  their  own 
advantage,  whatever  be  the  colors  they  wear.  The  re- 
public will  stand  long  enough,  they  think,  to  draw  them 
ap  out  of  their  present  degr^tion.  It  is  not  to  these  that 
I  address  myself.  But  there  are  others  who  look  forward 
to  a  repuhUcaii  form  of  government  as  a  tranquil  and  lasl^ 
ing  state,  towards  which  modem  society  is  daily  impelled 
by  the  ideas  and  manners  of  the  time,  and  who  sincerely 
desire  to  prepare  men  to  be  free.  When  these  men  attack 
religious  opinions,  they  obey  the  dictates  of  their  passions, 
and  not  of  tiieir  interests.  Despotism  may  govern  without 
&ith,  but  liberty  cannot.  Rehgion  is  much  more  necessaiy 
in  the  republic  which  they  set  forth  in  glowing  colors,  than 
in  the  monarchy  which  they  attack  ;  it  is  more  needed  in 
democratic  republics  than  in  any  otliera.  How  is  it  possible  ' 
that  society  should  escape  destruction,  if  the  moral  tie  be 
not  strengthened  in  proportion  as  the  political  tie  is  re-  | 
laxed  ?  and  wliat  can  be  done  with  a  people  who  are  their  ■ 
own  masters,  if  they  be  not  salnniasive  to  the  Deity? 


nEMOCRACT  IN  AMEBICA. 


Cw  takun  hj  ilie  Americsiu  to  wparsto  Un-  Cburcli  flnm  th«  BOtie.  — Tb« 
La»»,  Pnblit  0|iiiilou,  and  I'ven  lli»  Kxeniuiu  of  tJio  ClatCT.  a»oor  to 
promote  lliia  End.  —  InBufiu»  of  Religion  u[Jon  iJic  Mind  in  the  Uniled 
Sutca  BUributaiile  to  tliu  Cuuc.  —  Boawu  of  llib.  —  VTlax  b  tbc  Nmt* 
nral  Stato  of  Mvq  with  rcgtsd  lu  Bcligion  at  the  Froseat  'limn.  —  What 
&rp  tlio  Pc«uUar  uid  Inddcnia]  Csoses  which  pnTont  Men,  in  certain 
Couuirio,  from  uriviug  at  thii  State. 

The  jthilosuplicra  of  the  eighteenth  century  explained  in 
«  very  simple  manner  the  gradual  decay  of  religious  fiuth. 
Religious  zenl,  said  they,  must  necessarily  fail  the  more 

,  generally  liberty   is  established  and   knowledge   diffused. 

I  Unfortunalfly,  the  facta  by  no  moans  accord  \vilh  their 
tiieory.  There  are  certain  populations  in  Europe  whose 
unbelief  is  only  equalled  by  their  ignorance  and  debase- 
ment ;  whilst  in  America,  one  of  the  freest  and  moot 
enlightened  nations  in  the  world  fulfil  with  fervor  all  the 
outward  duties  of  reli^on. 

On  my  arrival  in  the  United  States,  the  reli^ous  aspect 
of  the  country  was  the  first  thing  that  struck  my  attention; 
and  the  longer  I  stayed  there,  the  more  I  perceived  the 
great  political  consequences  resulting  from  this  new  state 
of  things.  In  France,  I  had  almost  always  seen  the  spirit 
of  religion  and  the  spirit  of  freedom  marching  in  opposite 
directions.  But  in  America,  I  found  they  were  intimately 
tmited,  and  that  they  reigned  in  common  over  the  same 
country.  My  desire  to  discover  the  causes  of  this  phe 
nomenon  increased  from  day  to  day.  In  order  to  satisfy 
it,  I  questioned  the  members  of  all  the  different  sects;  I 
Bought  especially  the  society  of  the  clergy,  who  are  the 
depositaries  of  the  different  creeds,  and  are  especially  in- 
terested in  their  duration.  As  a  member  of  the  Roman 
Catholic   Church,  I  was  more  particularly  brought  into 


CAUSES   WHICH   TEND   TO  MAINTAIN  DEMOCBACT.      895 

contact  with  several  of  its  priests,  with  whom  I  became 
intimately  acqudnted.  To  each  of  these  men  I  expressed 
my  astonishment  and  explained  my  doubts  :  I  found  that 
they  differed  upon  matters  of  detail  alone,  and  that  they  all 
attributed  the  peaceful  dominion  of  religion  in  their  coun- 
try m^nly  to  the  separation  of  church  and  state.  I  do  not 
hesitate  to  affirm,  that,  during  my  stay  in  America,  I  did 
not  meet  a  single  individual,  of  the  clergy  or  tlie  laity,  who 
was  not  of  the  same  opinion  upon  this  point. 

This  led  me  to  examine  more  attenUvely  than  I  had 
hitherto  done  the  station  which  the  American  clergy  oc- 
cupy in  political  society.  I  learned  with  surprise  that  they 
filled  no  public  appointments  ;  *  I  did  not  see  one  of  them 
in  the  administration,  and  they  are  not  even  represented  in 
the  legislative  assemblies.f  In  several  States,:^  the  law 
excludes  them  from  political  life,  public  opinion  in  all. 
And  when  I  came  to  inquire  into  the  prevailing  spirit  of 
the  clergy,  I  found  that  most  of  its  members  seemed  to 
retire  of  their  own  accord  from  the  exercise  of  power,  and 
that  they  made  it  the  pride  of  their  profession  to  abstain 
from  politics. 

*  Unless  ttiis  term  bo  applied  to  the  fdnnloiu  which  man]'  of  ihcm  llil  id 
tb«  eclioob.  Almost  all  cdutotion  is  intnuCed  to  the  clcrg;.  [This  ig  too 
«weeping.  Clergymen  oflen  serve  apoa  aehool  eommilteca,  or  (ill  professor. 
■bips  in  co1tc(!C3,  ea  tlicj  frcqaentlj  do  in  Eorope.  But  thcj  are  DOt  M 
naraerons  es  the  laily  in  cither  of  the»  offlcci.  —An.  Ed.] 

1  They  are  not  represented  an  suci.  Bat  they  are  often  elected  to  repre- 
sent Ihcir  tOwnghipB,  or  oven  their  States  in  Congress.  —  All.  El>. 

t  See  the  "  Constitution  of  New  York,"  Alt.  VU  S  4  :  — 

"And  whereas  the  ministers  of  the  Gospel  are,  bj  their  profession,  dedi- 
cated to  tlie  service  of  God  and  the  care  of  souls,  and  ought  not  to  b«  di- 
verted from  the  ^''eat  duties  of  their  fonctioiu  ;  therefore  no  minister  of  tin 
Ooapel.  or  priest  of  any  denomination  whatsoever,  shall  at  any  time  here- 
after, under  any  pretence  or  description  whatever,  be  eligible  to,  or  capabls 
of  holding,  Bay  civil  or  military  office  or  place  within  this  Stale." 

See  also  llic  Coualltutions  of  North  Carolina,  Art.  XXXI.  ;  Tîrginia; 
South  Carolioa,  Art.  I.  3  S3;  Kentucky,  An.  IL  j  SSi  TetmnoM,  kiK. 
Tin.  S  1;  Lonieiwia,  ÂiUlLiaa. 


SM  DEMOCRÀOT  IK  AKEBIQJL 

'  I  heard  tihem  inveigh  against  ambition  and  deceit,  uador 
whatevw  political  opinions  these  yioes  might  chance  to 
Imk  ;  but  I  learned  from  their  disconrsea  that  men  are 
not  guilty  in  tiie  eye  of  God  for  any  (pinions  conoecning 
p<£tical  government  which  Ihey  may  profesa  with  sinoep- 
ity,  any  more  than  tiiey  are  for  their  mistakes  in  bnildiiig 
a  house,  or  in  driving  a  {arrow.  I  perceived  that  theae 
ministers  of  the  Gospel  eschewed  all  parties,  with  the  anxi- 
ety attendant  upon  personal  interest.  These  &cts  con- 
vinced me  that  what  I  had  been  told  was  true  ;  and  it  then 
became  my  object  to  investigate  their  causes,  and  to  inqmn 
how  it  happened  that  the  real .  authorhy  of  rdi^on  was 
increased  by  a  state  of  things  which  dimimshed  its  appaip- 
ent  force  :  these  causes  did  not  long  escape  my  researches. 

The  short  space  of  threescore  years  can  never  content 
the  imagination  of  man  ;  nor  can  the  imperfect  joys  of  this 
world  satisfy  his  heart.  Man  alone,  of  all  created  beings, 
displays  a  natural  contempt  of  existence,  and  yet  a  boundr 
less  desire  to  exist  ;  he  scorns  Ufe,  but  he  dreads  annihila- 
tion. These  different  feelings  incessantiy  urge  his  soul  to 
the  contemplation  of  a  fiiture  state,  and  religion  directs  his 
musings  thither.  Religion,  then,  is  simply  another  form 
of  hope  ;  and  it  is  no  less  natural  to  the  human  heart  than 
hope  itself.  Men  cannot  abandon  their  religious  faith 
without  a  kind  of  aberration  of  intellect,  and  a  sort  of  vio- 
lent distortion  of  their  true  nature  ;  they  are  invincibly 
brought  back  to  more  pious  sentiments.  Unbelief  is  an 
accident,  and  faith  is  the  only  permanent  state  of  mankind. 
If  we  consider  religious  institutions  merely  in  a  human 
point  of  ^-iew,  they  may  be  said  to  derive  an  inexhaustible 
element  of  strength  from  man  himself,  since  they  belong  to 
one  of  the  constituent  principles  of  human  nature. 

I  am  aware  that,  at  certain  times,  religion  may  strengthen 
this  influence,  which  originates  in  itself,  by  the  artificial 
power  of  the  laws^  «nd.  \>^  thi^  auççort  of  those  temporal 


CAUSES  VHICH  TEND  TO  UAOITAIN  UÏJIUCRACT.      897 

institutions  which  direct  society.  Religions  intimately 
united  with  the  governments  of  the  earth  have  been 
known  to  exercise  sovereign  power  founded  on  terror  and 
feith  ;  but  when  a  religion  contracts  an  alliance  of  this 
nature,  I  do  not  hesitate  to  affirm  that  it  commits  the  same 
error  as  a  man  who  should  sacrifice  hia  future  to  his  pres- 
ent welfare  ;  and  in  obtaining  a  power  to  which  it  has  do 
claim,  it  risks  that  authority  which  is  rightfully  its  own. 
When  a  religion  founds  its  empire  only  upon  the  desire  of 
immortality  which  lives  in  every  human  heart,  it  may 
aspire  to  universal  dominion  ;  but  when  it  connects  itself 
with  a  government,  it  must  adopt  maxims  which  are  appli- 
cable on!y  to  certain  nations.  Thus,  in  forming  an  alliance  1 
with  a  political  power,  religion  augments  its  authority  over  I 
a  few,  and  forfeits  the  hope  of  reigning  over  all. 

As  long  as  a  rcli^on  rests  only  upon  those  sendments 
which  afe  tlie  consolation  of  all  affliction,  it  may  attract 
the  affections  of  all  mankind.  But  if  it  be  mixed  up  with 
the  bitter  passions  of  the  world,  it  may  be  constrained  to 
defend  allies  whom  its  interests,  and  not  the  principle  (rf 
love,  have  given  to  it  ;  or  to  repel  as  antagonists  men  who 
are  still  attached  to  it,  however  opposed  they  may  be  to  the 
powers  with  which  it  is  allied.  The  church  cannot  share 
the  temporal  power  of  the  state,  without  being  the  object 
of  a  portion  of  that  animosity  which  the  latter  excites. 

The  political  powers  which  seem  to  be  most  firmly  estab- 
lished have  frequently  no  better  guaranty  for  their  duration 
than  the  opinions  of  a  generation,  the  interests  of  the  time, 
or  the  life  of  an  individual.  A  law  may  modify  the  social 
condition  which  seems  to  be  most  fixed  and  determinate  ; 
and  with  the  social  condition,  everything  else  must  change. 
The  powers  of  society  are  more  or  less  fugitive,  hke  the 
years  which  we  spend  upon  earth  ;  they  succeed  each 
other  with  rapidity,  like  the  fleeting  cares  of  life  ;  and  no 
government  has  ever  yet  been  founded  upon  aa  invasttli&ft 


disposition  of  the  human  heart,  or  upon  an  imperishable 
interest. 

As  long  as  a  religion  is  siistaine<l  by  those  feelings,  pro- 
pensities, and  passions  which  are  found  to  occur  under  the 
same  forms  at  all  periods  of  history,  it  may  defy  the  efforts 
of  time  ;  or,  at  least,  it  can  be  destroyed  only  by  another 
religion.  But  when  religion  cb'ngs  to  the  interests  of  the 
■world,  it  becomes  almost  as  fragile  a  thing  as  the  powers 
of  earth.  It  is  the  only  one  of  them  all  which  can  hope 
for  immortality  ;  but  if  it  be  connected  with  their  ephem- 
eral power,  it  shares  their  fortunes,  and  may  Kill  with  those 
transient  passions  which  alone  supported  them.  The  alli- 
ance which  reli^on  contracts  with  political  powers  must 
needs  i>e  oncroua  to  itself,  since  it  does  not  require  th«r 
assistance  to  li\'e.  and  by  giving  them  its  assistance  it  may 
be  exposed  to  decay. 

The  danger  which  I  have  just  pointed  out  alwftys  exista, 
but  it  is  not  always  equally  visible.  In  some  ages,  govern- 
ments seem  to  be  imperishable  ;  in  others,  the  exbtence  (rf 
society  appears  to  be  more  precarious  than  the  life  of  man. 
Some  constitutions  plunge  the  citizens  into  a  lethargic  som- 
nolence, and  others  rouse  them  to  feverish  excitement. 
When  governments  seem  so  strong,  and  laws  so  stable, 
men  do  not  perceive  the  dangers  which  may  accrue  from  a 
union  of  cliurcli  and  state.  When  governments  a]^>ear 
weak,  and  laws  inconstant,  the  danger  is  self-evident,  but 
it  is  no  longer  possible  to  avoid  it.  We  must  therefore 
learn  how  to  perceive  it  from  afàr. 

In  proportion  as  a  nation  assumes  a  democratic  condi^on 
of  society,  and  as  communities  display  democratic  propen- 
sities, it  becomes  more  and  more  dangerous  to  connect 
religion  with  political  institutions  ;  for  the  time  is  coming 
when  anthority  will  be  bandied  from  band  to  hand,  when 
political  theories  will  succeed  each  other,  and  when  men, 
laws,  and  constitutions  will  disappear  or  he  modified  from 


CAUSES   WHICH  TEND  TO  MAINTAIN  DEMOCRACY.       399 

day  to  day,  and  this  not  for  a  season  only,  but  nnceasingly. 
Agitation  and  mutability  are  inherent  in  the  nature  of 
democratic  republics,  just  as  stagnation  and  sleepiness  are 
the  law  of  absolute  monarchies. 

If  the  Americans,  who  change  the  head  of  the  govern- 
ment once  in  four  years,  who  elect  new  legislators  every 
two  years,  and  renew  the  State  officers  every  twelve- 
month, —  if  the  Americans,  who  have  given  up  the  poUtical 
world  to  the  attempts  of  innovators,  had  not  placed  relig- 
ion beyond  their  reach,  where  could  it  take  firm  hold  in 
the  ebb  and  flow  of  human  opinions  ?  where  would  be  that 
respect  which  belongs  to  it,  amidst  the  struggles  of  fao- 
tion  ?  and  what  would  become  of  its  immortality,  in  the 
midst  of  universal  decay  ?  The  American  clergy  were  the 
first  to  perceive  this  truth,  and  to  act  in  conformity  with  it. 
They  saw  that  they  must  renounce  their  religious  influence, 
if  they  were  to  strive  for  political  power  ;  and  they  chose 
to  give  up  the  support  of  the  state,  rather  than  to  share  its 
vicissitudes. 

In  America,  rehgion  is  perhaps  less  powerful  than  it  has 
been  at  certain  periods  and  among  certain  nations  ;  but  its 
influence  is  more  lasting.  It  restricts  itself  to  its  own 
resources,  but  of  these  none  can  deprive  it  :  its  circle  is 
limited,  but  it  pervades  it  and  holds  it  under  undisputed 
control. 

On  every  side  in  Europe,  we  hear  voices  complaining  of 
the  absence  of  religious  faith,  and  inquiring  the  means  of 
restoring  to  religion  some  remnant  of  its  former  authority. 
It  seems  to  me  that  we  must  first  attentively  consider  what 
ought  to  be  tfie  natural  state  of  men,  with  regard  to  relig- 
ion, at  the  present  time;  and  when  we  know  what  we 
have  to  hope  and  to  fear,  we  may  discern  the  end  to  which 
our  efforts  ought  to  be  directed. 

The  two  great  dangers  which  threaten  the  existence  of 


} 


religion  are  schism  and  indifference.    In  ages  of  fervent  l 


400  DEMOCRÂCT    K   AUEKICA. 

devotion,  men  sometimes  abandon  tlieir  religion,  but  tîiey 
only  shake  one  off  in  order  to  adopt  another.  Their  Sàth 
changes  its  objects,  but  satTcrs  no  decline.  The  old  reli^ 
ion  then  excites  entliusiastic  attachment  or  bitter  enmity 
in  either  party  ;  some  leave  it  with  anger,  otliers  cling  to  it 
witli  increased  devotedness,  and  altliough  persuasions  dif- 
fer, irréligion  is  nnknoTn.  Such,  however,  is  not  the  case 
wlien  a  religioat  belief  is  seci-etly  undermined  by  doctriiics 
which  may  be  termed  negative,  since  they  deny  the  truth 
of  one  religion  without  affirming  that  of  any  other.  Pn>- 
digious  revolutions  then  take  place  in  the  human  mind, 
without  the  apparent  co-opetation  of  the  passions  of  man, 
and  almost  without  his  knowledge.  Men  lose  the  objects 
of  their  fondest  liopes,  as  if  through  forgetfiJness.  Th^ 
are  carried  away  by  an  imperceptible  current,  which  they 
have  not  the  courage  to  stem,  but  which  they  follow  with 
regret,  since  it  bears  them  away  from  a  faith  they  love,  tn 
a  scepticism  that  plunges  them  into  despair. 

In  ages  which  answer  to  this  description,  men  desert 
their  religious  opinions  from  lukewarmness  rather  than 
from  dislike  ;  they  are  not  rejected,  but  they  fell  away. 
But  if  the  unbeliever  does  not  admit  religion  to  be  true,  he 
still  considers  it  useful.  Regarding  religious  institutions 
in  a  human  point  of  view,  he  acknowledges  their  inânence 
upon  manners  and  legislation.  He  admits  that  they  may 
serve  to  make  men  live  in  peace,  and  prepare  them  gently 
for  the  hour  of  death.  He  regrets  the  faith  which  he  has 
lost  ;  and  as  he  is  deprived  of  a  treasure  of  which  he  knows 
the  value,  he  fears  to  take  it  away  from  those  who  still 
possess  it. 

On  the  other  hand,  those  who  continue  to  believe  arc 
not  afraid  openly  to  avow  their  feith.  They  look  upon 
those  who  do  not  share  their  persuasion  as  more  worthy 
of  pity  than  of  opposition  ;  and  they  are  aware,  that,  to 
■oqnire  the  esteem  of  the  unbelie\-ing,  they  are  not  obliged 


CAUSES  WHICH  TEND  TO  tUIMTAIH  DEMOCBACT.       401 

to  follow  their  example.  Thej^  are  not  hostile,  then,  to  any 
one  in  the  world  ;  and  as  they  do  not  consider  the  society 
in  which  they  live  as  an  arena  in  which  religion  is  bound 
to  &ce  ita  thousand  deadly  foes,  they  love  their  contem- 
poraries, wliilst  they  condemn  their  weaknesses  and  la- 
ment their  errors. 

As  those  who  do  not  believe  conceal  their  incredulity, 
and  as  those  who  believe  display  their  &ith,  public  opinion 
pronounces  itself  in  fiivor  of  religion  :  love,  support,  and 
honor  are  bestowed  upon  it,  and  it  is  only  by  searching  the 
human  soul  that  we  can  detect  the  wounds  which  it  has 
received.  The  mass  of  mankind,  who  are  never  withont 
the  feeling  of  religion,  do  not  perceive  anything  at  variance 
with  tlie  estahhshed  faith.  The  instinctive  desire  of  a 
fiiture  life  brings  the  crowd  about  the  altar,  and  opens  the 
hearts  of  men  to  the  precepts  and  consolations  of  religion. 

But  tliis  picture  is  not  applicable  to  os  ;  for  there  are 
men  amongst  us  who  have  ceased  to  believe  in  Christianity, 
without  adopting  any  other  religion  ;  others  are  in  the 
perplexities  of  doubt,  and  already  affect  not  to  believe; 
and  others,  again,  are  a&iud  to  avow  that  Christian  feitb 
which  they  still  cherish  in  secret. 

Amidst  these  lukewarm  partisans  and  ardent  antagonists, 
a  small  number  of  believers  exists,  who  are  ready  to  brave 
all  obstacles,  and  to  scorn  all  dangers,  in  defence  of  their 
&tth.  They  have  done  violence  to  human  weakness,  in  I 
order  to  rise  superior  to  public  opinion.  Excited  by  the  ' 
effort  they  have  made,  they  scarcely  know  where  to  stop  ; 
and  as  they  know  that  the  first  use  which  the  French  made 
of  independence  was  to  attack  reli^on,  they  look  upon 
their  contemporaries  with  dread,  and  recoil  in  alarm  from 
the  liberty  which  their  fellow-citizens  are  seeking  to  obtain. 
As  unbelief  appears  to  tliem  to  be  a  novelty,  they  comprise 
all  that  is  new  in  one  indiscriminate  animosity.  Tliey  are 
at  war  with  their  age  and  country,  and  they  look  u^o: 


DEMOCRACY   CI 


every  opinion  whïcli  is  put  forUi  there  as  the  necessary 
enemy  of  faith. 

Sudi  is  not  tJie  natural  state  of  men  with  regard  to  re- 
ligion at  the  present  day  ;  and  some  extraordinary  or  inci- 
dental cause  must  be  at  work  in  France,  to  prevent  the 
human  mind  from  following  its  natural  inclination,  and 
drive  it  beyond  the  limits  at  wluch  it  ought  Daturally  to 
stop, 

I  am  fully  convinced  that  this  extraordinary  and  inci- 
dental cause  la  t)ie  close  connection  of  politics  and  religion. 
The  unbelievers  of  Europe  attack  the  Christians  îis  their 
political  opponents,  rather  than  as  their  religious  ad^-ersa- 
ries  ;  they  hate  the  Christian  religion  as  the  opinion  of 
a  party,  much  more  tlian  as  an  error  of  belief;  and  they 
reject  the  cler^  less  because  tliey  are  llie  representatives 
of  the  Deity,  than  because  they  are  the  allies  of  govern- 
ment 

In  Europe,  Christianity  has  been  intimately  united  to 
the  powers  of  the  earth.  Those  powers  are  now  in  decay, 
and  it  is,  as  it  were,  buried  under  th^  ruins.  The  living 
body  of  religion  has  been  bound  down  to  the  dead  corpse 
of  superannuated  pohty  ;  cut  but  the  bonds  which  restrain 
it,  and  it  will  rise  once  more.  I  know  not  what  could  re- 
store the  Christian  Church  of  Europe  to  the  energy  of  its 
earlier  days  ;  that  power  belong  to  God  alone  ;  but  it  may 
be  for  human  policy  to  leave  to  Ëiith  the  full  exercise  a£ 
the  strength  which  it  still  retains. 


k- 


CAUSES  WmcH  T£ND  TO  MAIKTÂDI  DEMOCEACI.       408 

HOW  THE  EDUCATION,  THE  HABITS,  AND  THB  PRACTICAI, 
EXPERIENCE  OF  THE  AHERICANa  PROUOTE  THE  BUCCES8 
OF  THEIB   DEMOCRATIC   tNSTnUTI0M3. 

Whal  U  lo  be  nndcwtood  by  the  Education  of  tha  Ameriaui  Pooplo.  —  The 
Humui  Mind  more  superficially  insCmctcd  in  the  United  Slates  than  is 
Europe.  —  No  one  completely  nnimtnicted.  —  Itoamu  of  this.  —  Rapid- 
ity with  which  Opinions  are  difliised  even  in  the  halfcnltivated  Statts 
of  the  West.  — Practical  Experience  more  serriceablo  to  the  Americsnt 
than  Book-Lcaming. 

I  HAVE  bnt  little  to  add  to  what  I  have  already  said,  con- 
cerning the  influence  which  the  instruction  and  the  habita 
of  the  Americans  exercise  upon  the  maintenance  of  their 
political  inaUtutions. 

America  has  hitherto  produced  very  few  writers  of  dis- 
tinction ;  it  possesses  no  great  historians,  and  not  a  single 
eminent  poet."  The  inhabitants  of  that  country  look  upon 
literature  properly  so  called  with  a  kind  of  disapprobation  ; 
and  there  are  towns  of  second-rate  importance  in  Europe, 
in  which  more  literary  works  are  annually  published  than 
in  the  twenty-four  States  of  the  Union  put  together.f 
The  spirit  of  the  Americans  is  averse  to  general  ideas  ;  it 

*  Thia  statement  was  ruthcr  loo  iwcoping  even  in  1633,  when  M.  ds 
Tocqncvlllo  nrote.  But  now,  when  the  list  of  our  historioai  contains  the 
names  of  Prcscott,  Spark»,  Bancroft,  Motley,  Palfrey,  and  Hildroth,  and 
that  of  our  poets  includes  those  of  Longfellow,  Bryaot,  Dana,  Sprague, 
Lowell,  and  a  crowd  of  olhera,  oui  author'a  remaik  is  only  cniioDS  at 
evincing  the  suddenness  aad  rapidity  with  which  literaiy  talent  has  been 
deTelopcd  in  the  United  States.  —  Au.  Ed. 

t  It  is  not  too  much  lo  say,  that  as  many  books  are  now  anonally  printed 
and  sold  in  the  United  Slates  as  in  England.  Certainly,  what  ia  now  called 
"  the  reading  public  "  is  larger  in  Amerio,  in  proportion  to  the  population, 
than  in  any  other  country  in  the  world.  This  is  a  consequence  partly  of 
the  vrido  didiuioD  of  education,  which  enables  so  many  lo  read  books,  and 
partly  of  the  general  prosperity  of  the  people,  which  enables  still  more  to 
bay  Ihem.  Literary  pursuits  an  also  held  in  high  honor  in  lodciy  ;  a  mo- 
eetsful  oothor  is  second  lo  no  one  in  estimation  with  the  upper  classes,  or  in 
faTor  with  the  common  people.  —  Am.  Ed. 


404  DJEMOGRACT  IN  AMERICA. 

does  not  seek  theoretical  discoveries.    Neither  politics  nor 
manufactures  direct  them  to  such  speculations;   and  al- 
though new  laws  are  perpetually  enacted  in  the  United 
States,  no  great  writers  there  have  hitherto  inquired  into 
the  general  prinxnples  of  legislation.     The  Americans  have 
lawyers  and  commentators,  but  no  jurists  ;  and  they  fiip- 
nish  examples  rather  than  lessons  to  the  world.     The  same 
observation  applies  to  the  mechanical  arts.     In  America, 
the  inventions  of  Europe  are  adopted  with  sagacity  ;  they 
are  perfected,  and  adapted  with  admirable  skill   to  the 
wants  of  the  country.     Manu&ctures  exist,  but  the  science 
of  manufitcture  is  not  cultivated;   and  they  have  good 
workmen,  but  very  few  inventors.*    Fulton  was  obliged 
to  proffer  his  services  to  foreign  nations  for  a  long  time, 
before  he  was  able  to  devote  them  to  his  own  country. 

The  obserA^er  who  is  desirous  of  forming  an  opinion  on 
tlie  state  of  instruction  amongst  the  Anglo-Americans  must 
consider  the  same  object  from  two  different  points  of  view. 
If  he  singles  out  only  the  learned,  he  will  be  astonished  to 
find  how  few  tliey  are  ;  but  if  he  counts  tlie  ignorant,  the 
American  people  will  appear  to  be  the  most  enlightened  in 
the  world.  The  whole  population,  as  I  observed  in  another 
place,  is  situated  between  these  two  extremes. 

In  New  England,  every  citizen  receives  the  elementary 
notions  of  human  knowledge  ;  he  is  taught,  moreover,  the 
doctrines  and  the  evidences  of  his  religion,  the  history  of 
his  country,  and  the  leading  features  of  its  Constitution. 
In  the  States  of  Connecticut  and  Massachusetts,  it  is  ex- 
tremely rare  to  find  a  man  imperfectly  acquainted  with 
all  these  things,  and  a  person  wholly  ignorant  of  them  i» 
a  sort  of  phenomenon. 

*  This  asscrrion  is  tho  rerj  rorerse  of  the  tmth.  In  no  couDtry  in  tba 
world,  during;  the  lost  fifty  years,  has  inrcntive  industry  been  so  far  derei- 
oped  or  so  successful  as  in  America.  Europe  copies  and  adopts  Americift 
iaventionB,  but  fam\a\\ca  veiy  t<s^  com^vniix^l  v^^tticos^  —  Am.  £i>. 


CAUSES   WHICH  TEKD  TO  MAINTAIN  DEMOCBACY.       4^ 

When  I  compare  the  Greek  and  Koman  republics  with 
theje  American  States  ;  the  manuscript  hbraries  of  the 
former,  and  their  rude  population,  with  the  innumerable 
joumala  and  the  enlightened  people  of  the  latter  ;  when  I 
remember  all  the  attempts  which  are  made  to  judge  the 
modem  republics  by  the  aid  of  those  of  antiquity,  and  to 
infer  what  will  happen  in  6ui  time  from  what  took  place 
two  thousand  years  ago,  —  I  am  tempted  to  bum  my 
books,  in  order  to  apply  none  but  novel  ideas  to  ao  novel 
a  condition  of  society. 

What  I  have  said  of  New  England  must  not,  however, 
be  applied  indistinctly  to  the  whole  Union  :  as  we  advance 
towards  the  West  or  tlie  South,  the  instruction  of  the  peo- 
ple diminishes.  In  the  States  which  border  on  the  Gulf 
of  Mexico,  a  ccrtiun  number  of  individuals  may  be  found, 
as  in  France,  who  are  devoid  even  of  the  rudiments  of  in- 
struction. But  there  is  not  a  single  district  in  the  United 
States  sunk  in  complete  ignorance,  and  for  a  very  simple 
reason.  The  nations  of  Europe  started  from  the  darkness 
of  a  barbarous  condition,  to  advance  towards  the  light  of 
civilization  :  their  progress  has  been  unequal  ;  some  of 
them  have  improved  apace,  whilst  others  have  loitered  in 
their  course,  and  some  have  stopped,  and  are  still  sleeping 
upon  tiie  way. 

Such  has  not  been  the  case  in  the  United  States.  The 
Anglo-Americans,  already  civilized,  settled  upon  that  terri- 
tory which  their  descendants  occupy  ;  they  had  not  to 
begin  to  learn,  and  it  was  sufficient  for  them  not  to  forget. 
Now  the  children  of  these  same  Americans  are  the  persons 
who,  year  by  year,  transport  their  dwellings  into  the  wilds, 
and,  with  their  dwellings,  their  acquired  information  and 
tlieir  esteem  for  knowledge.  Education  has  taught  them 
the  utility  of  instruction,  and  has  enabled  them  to  transmit 
that  instruction  to  their  posterity.  In  the  United  States, 
society  lias  no  in&ncy,  but  it  is  bom  in  man'%  «i^aSia. 


406  DEUOCBACr  IN   AUERICA. 

Tlic  Americans  never  iise  the  word  "  peasant,"  becftoi 
they  have  no  idea  of  the  class  which  that  term  d(!not««  ; 
the  ignorance  of  more  remote  ages,  the  simplicity  of  ntral 
life,  and  the  rusticity  of  tlie  villager,  have  not  been  pre- 
served amongst  them  ;  and  they  are  alike  unacquainted 
with  the  virtues,  the  vices,  the  coarse  habits,  and  ihe  sim- 
ple graces  of  an  early  stage  of  civilization.  At  t]ie  extreme 
borders  of  the  Confederate  States,  upon  Ihe  confines  of 
BOciety  and  the  wilderness,  a  population  of  hold  adventur- 
ers have  taken  up  their  abode,  who  pierce  the  solitudes  of 
the  American  woods,  and  seek  a  country  there,  in  order  to 
escape  the  poverty  which  awaited  them  in  their  native 
home.  As  soon  as  the  pioneer  reaches  the  place  which  is 
to  serve  him  for  a  retreat,  he  fells  a  few  trees  and  builds  a 
log-liousc.  Nothing  can  offer  a  more  miserable  aspect  than 
these  isolated  dwellings.  The  traveller  who  approaches 
one  of  them  towards  nightfall  sees  the  flicker  of  the  hearth- 
flame  through  the  chinks  in  the  walls  ;  and  at  night,  if  the 
wind  rises,  he  hears  the  roof  of  boughs  shake  to  and  fro  in 
the  midst  of  the  great  forest-trees.  Who  would  not  sup- 
pose tliat  this  poor  hut  is  the  asylum  of  rudeness  and  igno- 
rance ?  Yet  no  sort  of  comparison  can  be  drawn  betwe«i 
the  pioneer  and  the  dwelling  which  shelters  him.  Every- 
thing about  him  is  primitive  and  wild,  but  he  is  himself  the 
result  of  the  labor  and  experience  of  eighteen  centuries. 
He  wears  the  dress  and  speaks  the  language  of  cities  ;  he 
is  acquainted  witli  the  past,  curious  about  the  future,  and 
ready  for  argument  upon  the  present  ;  he  is,  in  short,  a 
highly  civilized  being,  who  consents  for  a  time  to  inhabit 
the  backwoods,  and  who  penetrates  intq  the  wilds  of  the 
New  World  with  the  Bible,  an  axe,  and  some  newspapers. 
It  is  difHcult  to  imagine  the  incredible  rapidity  with  which 
thought  circulates  in  the  midst  of  these  deserts,*     I  do  not 

*  I  tmrcllcd  along  a  portion  of  tlie  Trotiticr  of  tho  Uniicd  Statcj  in  a 
aort  of  cart,  wMch  \rag  tcirocil  Aia  nvû\.    YT'i  ^uaocl,  day  and  nigjbt,  with 


CAUSES  VEICH  TEND  TO  MAINTAIN  DEUOCBAcnT.       407 

Ûànk  that  so  mach  intellectual  activity  exists  in  the  most 
enlightened  and  populous  districts  of  France.* 

It  cannot  be  doubted  tliat,  in  the  United  States,  the 
instruction  of  the  people  powerfnlly  contributes  to  the 
support  of  tlie  democratic  republic  ;  and  such  must  always 
be  the  case,  I  believe,  where  the  instruction  which  en- 
lightens t)ie  understanding  is  not  separated  from  the  moral 
education  which  amends  the  heart.  But  I  would  not  exag- 
gerate this  advantage,  and  I  am  still  further  from  thinking, 
as  so  many  people  do  think  in  Europe,  that  men  con  be 
instantaneously  made  citizens  by  teaching  them  to  read  and 
write.  True  infoimation  is  mainly  derived  from  experi- 
ence ;  and  if  the  Americans  had  not  been  gradually  accus- 
tomed to  govern  themselves,  their  book-learning  would  not 
help  them  much  at  the  present  day. 

I  have  lived  much  with  the  people  in  the  United  States, 
and  I  cannot  express  how  much  I  admire  their  experience 
and  their  good  sense.  An  American  should  never  be  led 
to  speak  of  Europe  ;   for  he  will  then  probably  display. 

great  rapidity,  along  the  Fonda,  irMch  were  scarcely  marked  ont  through 
immense  forCHH.  When  the  gloom  of  the  nooda  became  impenetrable,  the 
driver  lighted  branches  of  pine,  and  wo  jonmcjed  along  by  the  light  thej 
Mit.  From  time  to  lime,  wo  csme  to  a  hnt  in  tlio  midst  of  the  foresl  ;  thi» 
van  a,  po5t-uffice.  The  moil  dropped  an  CDormons  bundle  of  Icltera  at  the 
door  of  this  isolated  dwelling,  and  vro  pnraacd  our  way  at  full  gallop,  Icar- 
mgf  the  inliabitonls  o(  the  Dcigbboring  log-hooeca  to  send  for  their  ohoro  of 
the  ircasnrc. 

*  In  1633,  each  inhabitant  of  Uichigan  paid  i23  ccnu  to  iho  post-ofRce 
tevcnnc  ;  and  each  inholitant  of  the  Florida»  paid  30  ecnti.  (See  National 
Calendar.  1S33,  p.  S44.)  In  the  oamo  year,  each  ialiabitiint  of  the  Déparle- 
mail  du  Nonl  paid  not  quite  SO  cents  to  the  rcTcnuo  of  t)ic  Frvn^^h  pofit- 
offlco.  (See  tlio  Compte  rradu  de  F Admnatratioa  de»  Finança,  1833,  p.  633.) 
How  the  State  of  Michigan  only  contained  at  that  time  7  iahitbiiaots  per 
(qnare  lci^;uc,  and  Florida  only  S.  The  instrnclioa  and  the  commercial 
aetiritj  of  tlicse  distnels  are  inferior  to  those  of  moat  of  the  States  in  the 
Union  ;  whilst  the  D^rlemait  da  Nord,  which  contains  3,400  inhahitnnti 
p«r  iquiiro  Icoguc,  is  one  of  the  most  enlightened  and  mantilactaiiD^^iMk 
(tf  France. 


^ 

^ 


408  DEMOCBACY  IN  AMERICA. 

much  presumption  and  veiy  foolish  pride.  He  will  take 
up  with  those  crude  and  vague  notions  which  are  so  usefiil 
to  the  ignorant  all  over  the  world.  But  if  you  question 
him  respecting  his  own  country,  the  cloud  which  dimmed 
his  intelUgence  will  immediately  disperse  ;  his  language 
will  become  as  clear  and  precise  as  his  thoughts.  He  will 
inform  you  what  his  rights  are,  and  by  what  means  he 
exercises  them  ;  he  will  be  able  to  point  out  die  customs 
which  obtain  in  the  poUtical  world.  You  will  find  that  he 
is  well  acquainted  with  the  rules  of  the  administration,  and 
that  he  is  familiar  with  the  mechanism  of  the  laws.  The 
citizen  of  the  United  States  does  not  acquire  his  practical 
science  and  his  positive  notions  from  books  ;  the  instruc- 
tion he  lias  acquired  may  have  prepared  him  for  receiving 
those  ideas,  but  it  did  not  furnish  them.  The  American 
learns  to  know  the  laws  by  participating  in  the  act  of 
legislation  ;  and  he  takes  a  lesson  in  the  forms  of  govern- 
ment from  governing.  The  great  work  of  society  is  ever 
going  on  before  his  eyes,  and,  as  it  were,  under  his  hands. 

In  the  United  States,  politics  are  the  end  and  aim  of 
education  ;  in  Europe,  its  principal  object  is  to  fit  men  for 
private  life.  The  interference  of  the  citizens  in  public 
affairs  is  too  rare  an  occurrence  to  be  provided  for  before- 
hand. Upon  casting  a  glance  over  society  in  the  two 
hemispheres,  these  differences  are  indicated  even  by  their 
external  aspect. 

In  Europe,  we  frequently  introduce  the  ideas  and  habits 
of  private  life  into  public  affairs  ;  and  as  we  pass  at  once 
from  the  domestic  circle  to  the  government  of  the  state, 
we  may  frequently  be  heard  to  discuss  the  great  interests 
of  society  in  the  same  manner  in  which  we  converse  with 
our  friends.  The  Americans,  on  the  other  hand,  transport 
the  habits  of  public  life  into  their  manners  in  private  ;  m 
their  country,  the  jury  is  introduced  into  the  games  of 
schoolboys,  and  parliamentary  forms  are  observed  in  the 
order  of  a  feast. 


CAUSES  WHICH  TESD  TO  HAINTAIH  DEMOCRACT.      409 


THB  LAW8  CONTBIBUTE  UOBS  TO  THB  MAtNTENAKCE  OF 
THE  DEMOCEATIC  REPCBLIC  Dt  THE  nNITED  STATES 
THAN  THE  PHYSICAL  CIRCUMSTANCES  OF  THE  COUNTBT, 
AND   THE   MANNERS   MORE  THAN    THE  LAW3. 

AU  the  HtlioM  of  AmaricK  hvn  %  Democntic  State  of  Socle^.  —  T«l 
Démocratie  Institutions  an  iiqipaited  011I7  among  the  Anglo-Amari- 
caoa.  —  The  Spaniard*  of  Sotitb  Ainetica,  as  mDch  boored  b/  niytical 

Canus  at  the  Anglo- Americana,  iinable  to  maintain  a  Democratic  Be. 
public.  —  Mexico,  which  haa  adopted  the  CoiutitnlioQ  of  the  United 
States,  in  the  aame  Predicnment.  —  The  Aoglo-Americana  of  the  Wed 
leaa  able  to  maintain  it  than  tbû»6  of  the  Saat.  —  Reaaon  of  these  Dif- 


I  HAVE  remarked  that  the  maintenance  of  democratic 
institutions  in  tlie  United  States  is  attributable  to  the  di^ 
cnmstances,  the  laws,  and  the  manners  of  that  couotiy.* 
Most  Europeans  are  acquainted  with  only  the  first  of  these 
three  causes,  and  they  are  apt  to  give  it  a  preponderant 
importance  which  it  does  not  really  possess. 

It  is  true  that  the  Anglo-Americans  settled  in  the  Kew 
World  in  a  state  of  social  equality  ;  the  low-bom  and  the 
noble  were  not  to  be  found  amongst  them  ;  and  profes- 
sional prejudices  were  always  as  tmknown  as  the  preju- 
dices of  birth.  Thus,  as  the  condition  of  society  was 
democratic,  the  rule  of  democracy  was  established  without 
difficulty.  But  this  circumstance  is  not  peculiar  to  the 
United  States  ;  almost  all  the  American  colonies  were 
founded  by  men  equal  amongst  themselves,  or  who  became 
so  by  inhabiting  them.  In  no  one  part  of  the  New  World 
have  Europeans  been  able  to  create  an  aristocracy.  Nevei^ 
theless,  democratic  institutions  prosper  nowhere  but  in  the 
United  States. 

■  I  remind  the  reader  of  Uie  general  figniâcation  wUch  I  g^n  U  the 
word  noniMn,  —  namely,  the  moral  and  intellectnal  chataelerialici  of  men 
in  eoeiet;. 


410  DEMOCRACY   IM  AUERICA. 

Tlie  American  Union  has  no  enemies  to  contend  with  ; 
it  stands  in  the  wilds  like  an  island  in  the  ocean.  Bat  dte 
Spaniards  of  South  Amerira  were  no  less  isolated  hy  na- 
ture ;  yet  their  position  has  not  relieved  them  from  tbe 
charge  of  standing  armiesv  They  make  war  u|jon  each 
other  when  they  have  no  foreign  enemies  to  oppose  ;  and 
the  Anglo-American  democracy  is  the  only  one  wliich  has 
liitherto  been  able  to  maintain  itself  in  peace. 

TJie  territory  of  tlie  Union  presents  a  boundless  field  to 
human  activity,  and  inexhauBtiblc  materials  for  labor.  Tbe 
passion  for  wcnlih  takes  the  place  of  ambition,  and  the  heat 
of  faction  is  mitigated  by  a  consciousness  of  prosperity. 
But  in  what  portion  of  the  globe  shall  we  find  more  fertile 
plains,  mightier  rivers,  or  more  unexplored  and  inexliaust- 
ible  riches,  than  in  South  America  ?  Yet  South  America 
has  been  unable  to  maintain  democratic  institutions.  If 
the  welfare  of  nations  depended  on  their  being  placed  in 
a  remote  position,  with  an  unbounded  space  of  habitable 
territory  before  them,  the  Spaniards  of  South  America 
would  liave  no  reason  to  complain  of  their  £ite.  And 
although  they  might  enjoy  less  prosperity  than  the  inhab- 
itants of  tlie  United  States,  their  lot  might  still  be  sucb  as 
to  excite  the  envy  of  some  nations  in  Europe.  There  are, 
however,  no  nations  upon  the  foce  of  tlie  earth  more  misér- 
able than  tliose  of  South  America. 

Thus,  not  only  are  physical  causes  inadequate  to  prodace 
results  analogous  to  those  wliicb  occur  in  North  America, 
but  they  cannot  raise  the  population  of  South  America 
above  tlie  level  of  European  states,  where  they  act  in  a 
contrary  direction.  Physical  causes  do  not  therefore  aflTect 
the  destiny  of  nations  so  much  as  has  been  supposed. 

I  have  met  with  men  In  New  England  who  were  on 
the  point  of  leaving  a  country  where  they  might  have  re- 
mained in  easy  circumstances,  to  seek  their  fortune' in  tlie 
wilda.     Not  far  from  that  region,  I  found  a  French  popu- 


CAOSES  WHICH  TEND   TO  HAINTAIII  DEUOCBACT.       411 

laHon  in  Canada,  closely  crowded  on  a  narrow  territory, 
although  '  the  same  wilds  were  at  hand  ;  and  whilst  the 
emigrant  from  the  United  States  purchased  an  extensive 
estate  with  the  earnings  of  a  short  term  of  labor,  the 
Canadiiui  paid  as  much  for  land  as  he  would  have  done  in 
France.  Thus  Nature  offers  the  solitudes  of  the  New 
World  to  Europeans  also  ;  but  they  do  not  always  know 
how  to  make  use  of  her  gifts.  Other  inhabitants  of  Amer- 
ica have  the  same  physical  conditions  of  prosperity  as  the 
Anglo-Americans,  hut  withont  their  laws  and  their  man- 
ners; and  these  people  are  miserable.  The  laws  and 
manners  of  the  Anglo-Americans  are  therefore  that  special 
and  predominant  cause  of  tlieir  greatness  which  is  the 
object  ,of  my  inquiry. 

I  am  far  from  supposing  that  the  American  laws  are  pre- 
eminently good  in  themselves  :  I  do  not  hold  them  to  be 
applicable  to  oil  democratic  naUons  ;  and  several  of  them 
seem  to  me  to  be  dangerous,  even  in  tlie  United  States. 
But  it  cannot  he  denied  that  American  legislation,  taken  as 
a  whole,  is  extremely  well  adapted  to  the  genius  of  the  peo- 
ple and  the  nature  of  the  country  which  it  is  intended  to 
govern.  The  American  laws  are  therefore  good,  and  to 
tliem  must  be  attributed  a  large  portion  of  the  success 
which  attends  the  government  of  democracy  in  America  ; 
but  I  do  not  believe  them  to  be  the  principal  cause  of  that 
success  ;  and  if  they  seem  to  me  to  have  more  influence 
than  the  nature  of  the  country  upon  the  social  happiness 
of  the  Americans,  there  is  still  reason  to  believe  that  their 
effect  is  inferior  to  that  produced  by  the  manners  of  the 
people. 

The  Federal  laws  undoubtedly  constitute  the  most  impoi^ 
tant  part  of  the  legislation  of  the  United  States.  Mexico, 
which  is  not  less  fortunately  situated  than  the  Anglo- 
American  Union,  has  adopted  these  same  laws,  but  is  oa- 
able  to  accustom  itself  to  the  government  c>(  d&tii'y^w^- 


418  DEMOCBAOT  IM  AUBRICA. 

8<>in«  other  oanae  is  therefore  at  work,  indvpendentlj  of 
phpical  «rcunistances  and  peculiar  kwa,  whicli  enaUaa 
(lif  tlfraocracy  to  rale  in  tlie  United  Sutes. 

Anoibcr  still  nioiv  striking  proof  may  be  adduced.  Al- 
mo«l  nil  ihe  iiiliabitants  of  the  territoiy  of  the  Union  are 
Hw  diitcendanls  of  a  common  stock  ;  they  speak  the  same 
Iwit^iiagv,  tliey  vror»hip  God  in  the  same  manner,  they  are 
iiSm-ti-d  by  tht?  »aaie  physical  canses,  and  they  obey  the 
Mine  law».  Whence,  then,  do  their  charactvdatic  differ- 
eitif*  ari«  ?  Why,  m  the  Eastern  States  of  Uie  Union, 
dot's  the  r«publicati  government  di^tjilay  vigor  and  repihu> 
itv.  and  pruee«d  with  mature  deliberation  ?  Wheneo  doee 
it  di-rire  lh«  wisdom  and  the  dursUUty  wliich  mark  iu 
nets.  whiUt  in  tlie  Western  States,  on  the  contrary,  society 
m^m^  to  be  niled  by  chance  ?  There,  piiblic  business  is 
conducted  n-ith  an  irregularis,  and  a  passionate,  ahnost 
feverish  excitement,  which  do  not  announce  a  long  or 
sure  duration. 

I  am  no  longer  comparing  the  Anglo-Americans  with 
foreign  nations  ;  but  I  am  contrasting  them  with  each 
other,  and  endeavoring  to  discover  why  they  are  so  va- 
like.  The  arguments  which  are  derived  from  the  nature 
of  the  country  and  the  diiFerence  of  legislation  are  here 
all  set  aside.  Recourse  must  be  had  to  some  other  caase  ; 
and  what  other  cause  can  there  be,  except  the  manners  of 
the  people  ? 

It  is  in  the  Eastern  States  that  the  Anglo-Americans 
have  been  longest  accustomed  to  the  government  of  de- 
mocracy, and  have  adopted  the  habits  and  conceived  the 
opinions  most  favorable  to  its  maintenance.  DeiQocracy 
.has  gradually  penetrated  into  their  customs,  their  opinions, 
and  their  forms  of  social  intercourse  ;  it  is  to  be  found  in 
all  the  details  of  doily  life,  as  well  Bs  in  the  laws.  In  the 
.Extern  States,  tlie  book  instruction  and  practical  edncation 
,«f  the  people  have  been  most  perfected,  and  religi<m  faas 


CAnSES  WHICH  TEND  TO   UAUTTAIN  DEMOCBACT.      41S 

been  most  thoroughly  anialgamated  with  liberty.  Now, 
these  habits,  opinions,  customs,  and  eonrictions  are  pre- 
cbely  what  I  have  denominatâd  mannerê. 

In  the  Western  States,  on  the  contrary,  a  portion  of  the 
same  advantages  are  still  wanting.  Many  of  the  Ameri- 
cans of  the  West  were  bom  in  the  woods,  and  they  mix 
the  ideas  and  customs  of  savage  life  with  the  civilization 
of  their  others.  Their  passions  are  more  intense,  their 
religious  morality  less  authoritative,  and  tJieir  convictions 
less  firm.  The  inhabitants  exercise  no  sort  of  control  over 
their  fellows,  for  they  are  scarcely  acquainted  with  each 
other.  The  nations  of  the  West  display,  to  a  certain 
extent,  the  inexperience  and  the  rude  habits  of  a  people 
in  their  infancy  ;  for,  although  they  are  composed  of  old 
elements,  tlieir  assemblage  is  of  recent  date. 

The  manners  of  the  Americans  of  the  United  States  are, 
•hen,  the  peculiar  cause  which  renders  that  people  the  only 
one  of  the  American  nations  that  is  able  to  support  a  dem- 
ocratic government  ;  and  it  is  the  inSuence  of  mannera 
which  produces  the  different  degrees  of  order  and  pros- 
perity that  may  be  distinguished  in  the  several  Anglo- 
American  democracies.  Thus  the  effect  which  the  geo- 
grapliical  position  of  a  country  may  have  upon  the  duration 
of  democratic  institutions  is  exaggerated  in  Europe.  Too 
much  importance  is  attributed  to  legislation,  too  little  to 
manners.  These  three  great  causes  serve,  no  donbt,  to 
regulate  and  direct  the  American  democracy  ;  but  if  they 
were  to  be  classed  in  their  proper  order,  I  should  say  that 
physical  circumstances  are  less  efficient  than  the  laws,  and 
the  laws  infinitely  less  so  than  the  manners  of  the  people. 
I  am  convinced  that  the  most  advantageous  situation  and 
the  best  possible  laws  cannot  miuntain  a  constitution  in 
spite  of  the  manners  of  a  country  ;  whilst  the  latter  may 
tarn  to  some  advantage  the  most  unfavorable  positions  and 
the  worst  laws.     The  importance  of  mannera  i&  &  c«i&3&!a^ 


414  DEIIOCBACT   IS    AMKRICA. 

truth  to  which  study  and  experience  încoisnntlj  direct  oat 
attention.  It  may  be  regai-dt-Hl  as  a  central  point  in  Ùia 
range  of  observation,  and  the  common  tenninatjon  of  all 
my  inquiries.  So  seriously  do  I  insist  upon  this  head,  tliat, 
if  I  liave  hitherto  failed  in  making  the  reader  feel  tlie  im- 
portant influence  of  the  practical  experience,  the  habits, 
the  opinions,  in  short,  of  the  manners  of  tJie  Americans, 
upon  the  mnintenance  of  Uieir  inaiitutions,  I  hare  failed  in 
the  priiiciiial  object  of  my  work. 


WHETHEB  LAW3  AND  UANKE)t3  AHB  SCFPlCtEST  TO  HAHt- 
TAIN     DEMOCRATIC    INHT1TUT10Î)3    IN     OTUER    COtTNTBIBS 

BESIDES    AMESICA, 

The  Anglo-Amcriams,  if  transpoitcd  iulo  Etaiope,  would  ba  obliged  to 
modify  their  Laws.  —  Diatinction  to  be  made  boCwecn  Democratic  Li- 
Mitutions  and  American  loatitutioTis.  —  Deioocralic  Lawi  nm;  be  con- 
ceived tiGltcr  th&n,  or  bI  laut  different  from,  those  which  the  Americu 
Democracy  \ua  adopted.  —  The  Extunple  of  America  only  proves  thtt 
it  ii  possible,  by  the  Aid  of  Manners  and  LogùIatioD,  to  icgnlate  De- 
mocracy. 

I  HAVE  asserted  that  the  success  of  democratic  instîto- 
tions  in  the  United  States  is  more  attributable  to  the  laws 
themselves,  and  the  manners  of  the  people,  than  to  the 
nature  of  the  country.  But  does  it  follow  that  the  same 
causes  would  of  themselves  produce  the  same  results,  if 
they  were  put  in  operation  elsewhere  ;  and  if  the  country 
is  no  adequate  substitute  for  laws  and  manners,  can  laws 
and  manners  in  their  turn  take  the  place  of  a  country  ?  It 
will  readily  he  understood  that  the  elements  of  a  reply  to 
this  question  are  wanting:  other  inhabitants  are  to  be 
found  in  the  New  World  besides  the  Anglo-Americana, 
and,  as  these  are  affected  by  the  same  physical  circmnstan* 
ces  as  the  latter,  they  may  fairly  be  compared  with  them. 


CAUSES  WHICH   TEND  TO  MAINTAIN  DEMOCRACY.       415 

But  there  are  no  nations  out  of  America  which  have 
adopted  the  same  laws  and  manners,  though  destitute  of 
•  the  physical  advantages  pecuUar  to  the  Anglo-Americans. 
No  standard  of  comparison  therefore  exists,  and  we  can 
only  hazard  an  opinion. 

It  appears  to  me,  in  the  first  place,  that  a  careful  cUstinc- 
don  must  be  made  between  the  institutions  of  the  United 
States  and  democratic  institutions  in  general.  When  I 
reflect  upon  the  state  of  Europe,  its  mighty  nations,  its 
populous  cities,  its  formidable  armies,  and  the  complex 
nature  of  its  pohtics,  I  cannot  suppose  that  even  the  Anglo- 
Americans,  if  they  were  transported  to  our  hemisphere, 
with  their  ideas,  their  religion,  and  their  manners,  could 
exist  without  considerably  altering  their  laws.  But  a 
democratic  nation  may  be  imagined,  organized  differentiy 
from  the  American  people.  Is  it  then  impossible  to  con- 
ceive a  government  really  established  upon  the  will  of  the 
majority,  but  in  which  the  majority,  repressing  its  natural 
instinct  of  equality,  should  consent,  with  a  view  to  the  order 
and  the  stability  of  tiie  state,  to  invest  a  femily  or  an  indi- 
vidual with  all  the  attributes  of  executive  power  ?  Might 
not  a  democratic  society  be  imagined,  in  which  the  forces 
of  the  nation  would  be  more  centralized  than  they  are  in 
the  United  States  ;  where  the  people  would  exercise  a  less 
direct  and  less  irresistible  influence  upon  public  affairs,  and 
yet  every  citizen,  invested  with  certain  rights,  would  par- 
ticipate, within  his  sphere,  in  the  conduct  of  the  govern- 
ment? What  I  have  seen  amongst  the  Anglo-American» 
induces  me  to  believe  that  democratic  institutions  of  this, 
kind,  prudently  introduced  into  society,  so  as  gradually  to 
mix  with  the  habits,  and  to  be  interfused  with  the  opin- 
ions of  the  people,  might  exist  in  other  countries  beside» 
America.  If  the  laws  of  the  United  States  were  the  only 
imaginable  democratic  laws,  or  the  most  perfect  which  it. 
is  possible  to  conceive,  I  should  admit  that  their  succeaa 


DElincBAO'  D{   AMERICA. 


by  aatum^ 


416 


in  America  affords  no  proof  of  the  iiuo«>»i  of  der 
institutions  in  general,  in  a  coantry  less  tkvored  by  c 
But  as  the  laws  of  America  appear  to  mo  to  be  defèctm 
in  several  respects,  and  as  I  can  readily  imagine  othen, 
the  pecnliar  advantages  of  that  country  do  not  prove  to 
me  that  democratic  institationa  cannot  succeed  in  a  i 
tion   less   favored  by   circumstuicea,   if   ruled   by    bctttf  4 
laws. 

If  human  nature  were  different  in  America  from  vht 
it  is  elsewhere,  or  if  the  social  condition  of  the  America 
created  habite  and  opinions  amongst  thorn  different  frasf 
those  which  originate  in  the  same  social  condition  in  tfaft  1 
Old  World,  the  American  democracies  would  afford  no  \ 
means  of  predicting  what  may  occur  in  other  democracies. 
If  the  Americans  displayed  the  same  propensities  as  all 
otlier  democratic  nations,  and  if  their  legislators  liad  relied 
apon  the  nature  of  the  country  and  the  fevor  of  circnin- 
stances  to  restrain  those  propensities  within  due  limits,  the 
prosperity  of  the  United  States,  being  attributable  to  purely 
physical  causes,  would  afford  no  encouragement  to  a  peo- 
ple inclined  to  imitate  their  example,  without  sharing  their 
natural  advantages.     But  neither  of  these  suppositions  in 
borne  out  by  facts. 

In  America,  the  same  passions  are  to  be  met  witli  as 
in  Europe,  —  some  originating  in  human  nature,  others  in 
the  democratic  condition  of  society.  Tims,  in  the  United 
States,  I  found  that  restlessness  of  heart  which  is  natnral 
to  men  when  all  ranks  are  nearly  equal,  and  the  chances 
of  elevation  are  the  same  to  all.  I  found  there  the  demo- 
cratic feeling  of  envy  expressed  under  a  thousand  difièrent 
forms.  I  remarked  that  the  people  there  frequently  di^ 
played,  in  the  conduct  of  affairs,  a  mixture  of  ignorance 
and  presumption  ;  and  I  inferred  that,  in  America,  men 
are  liable  to  the  same  Ëdlings  tnd  exposed  to  the  saine 
evils  as  amongst  oureelves.     But,  upon  examining  the  state  ' 


CAUSES  WBîCa  TEND  TO  UAIKTAIH  DEHOCRACT.      417 

of  society  more  attentively,  I  speedily  discovered  tLat  the 
Americans  had  made  great  and  euccessfîd  efforts  to  coun- 
teract these  imperfections  of  human  nature,  and  to  correct 
the  natural  defects  of  democracy.  Their  divers  municipal 
laws  appeared  to  me  so  many  means  of  restraining  tlie  rest- 
less ambition  of  the  citizeus  within  a  narrow  sphere,  and 
of  turning  those  same  passions  which  might  have  worked 
havoc  in  the  state,  to  the  good  of  the  township  or  the 
parish.  The  American  legislators  seem  to  have  sncceeded 
to  some  extent  in  opposing  the  idea  of  right  to  the  feeling 
of  envy  ;  the  permanence  of  religions  morality  to  the  con- 
tinual shifting  of  politics  ;  the  experience  of  the  people  to 
their  theoretical  ignorance  ;  and  their  practical  knowledge 
of  business  to  the  impatience  of  their  desires. 

The  Americans,  then,  have  not  relied  upon  the  nature 
of  their  country  to  counterpoise  those  dangers  which  origi- 
nate in  their  Constitution  and  their  political  laws.  To 
evils  which  are  common  to  all  democratic  nations,  they 
have  applied  remedies  which  none  but  themselves  had  ever 
thought  of;  and,  although  they  were  the  first  to  make  the 
experiment,  they  have  succeeded  in  it.  The  manners  and 
laws  of  the  Americana  are  not  the  only  ones  which  may 
suit  a  democratic  people  ;  but  the  Americans  have  shown 
that  it  would  be  wrong  to  despair  of  regulating  democracy 
by  the  aid  of  manners  and  laws.  If  other  nations  should 
borrow  this  general  and  pregnant  idea  from  the  Ameri- 
cans, without,  however,  intending  to  imitate  them  in  the 
peculiar  application  which  they  have  made  of  it  ;  if  they 
should  attempt  to  fit  themselves  for  that  social  condition 
which  it  seems  to  be  the  will  of  Providence  to  impose 
upon  the  generations  of  this  age,  and  so  to  escape  from 
the  despotism  or  the  anarchy  which  threatens  them,-*- 
what  reason  is  there  to  suppose  that  their  efforts  would 
not  be  crowned  with  success?  The  organization  and  the 
establishment  of  democracy  in  Christendom  is  the  greta^ 


DEUOC&ACT  m  AUSmCA. 


political  problem  of  our  times.     The  Americans,  onqne»- 
tioimbly,  have  not  resolved  this  problem,  but  tlicy  f 
nsediil  date  to  those  who  undertake  to  resolve  ÎL 


""1 


It  may  readily  be  disoorered  with  what  intention  I 
untlcrtook  the  foregwng  inquiries.  The  question  here  dis- 
cusswl  is  interesting  not  onlr  to  the  United  States,  but  to 
the  whole  world  ;  it  concerns,  not  a  nation  only,  but  all 
mankind.  If  those  nations  whose  social  condition  is  demo- 
cratic could  remain  free  only  while  tliey  inhabit  nncaltii-ated 
regions,  we  must  despair  of  the  future  destiny  of  the  human 
race  ;  for  democracy  is  rajiidty  acijuiring  a  more  extended 
Bway,  and  the  wilds  are  gradually  peopled  witli  men.  If 
it  were  true  that  laws  and  mnnners  are  insufficient  to  main- 
tain democratic  institutions,  what  refiige  would  remain  open 
to  the  nations,  except  the  despotism  of  one  man  ?  I  am 
aware  that  there  are  many  worthy  persons  at  the  present 
time  who  are  not  alarmed  at  this  alternative,  and  who  are 
BO  tired  of  liberty  as  to  be  glad  of  repose  far  from  its 
storms.  But  these  persons  are  ill  acquainted  with  the 
haven  towards  which  they  are  bound.  Preoccupied  hv 
their  remembrances,  they  judge  of  absolute  power  by  what 
it  has  been,  and  not  by  what  it  might  become  in  our  times. 

If  absolute  power  were  re-established  amongst  the  demo- 
cratic nations  of  Europe,  I  am  persuaded  that  it  would  as- 
sume a  new  form,  and  appear  under  features  unknown  to 
our  fathers.  There  was  a  time  in  Europe  when  the  laws 
and  the  consent  of  the  people  had  investml  princes  with 
ahnost  unlimited  authority,  but  they  scarcely  ever  availed 
themselves  of  it.  I  do  not  speak  of  tlie  prerogatives  of 
the  nobility,  of  the  authority  of  high  courts  of  justice,  of 


CAUSES  WHICH   TEND  TO  MAINTAIN  DEU0C6ACT.      419 

corporations  and  their  chartered  rights,  or  of  provincial 
privilege's,  which  served  to  break  tlie  blows  of  sovereign 
authority,  and  to  keep  up  a  spirit  of  resistance  in  the  na- 
tion. Independently  of  these  political  institutions, — which, 
however  opposed  they  might  be  to  personal  liberty,  served 
to  keep  alive  the  love  of  freedom  in  the  mind,  and  which 
may  be  esteemed  useful  in  tliis  respect,  —  the  manners  and 
opinions  of  tlie  nation  confined  the  royal  authority  within 
barriers  which  were  not  less  powerful  because  less  conspic- 
uous. Religion,  the  affections  of  the  people,  the  benevo- 
lence of  the  prince,  the  sense  of  honor,  family  pride, 
provincial  prejudices,  custom,  and  public  opinion  limited 
the  power  of  kings,  and  restrained  their  authority  within 
an  invisible  circle.  The  constitution  of  nations  was  des- 
potic at  that  time,  but  their  manners  were  free.  Princes 
had  tlie  right,  but  they  had  neither  the  means  nor  the  de- 
sire, of  doing  whatever  they  pleased. 

But  what  now  remains  of  those  barriers  which  formerly 
arrested  tyranny  ?  Since  religion  has  lost  its  empire  over 
the  souls  of  men,  the  most  prominent  boundary  which 
divided  gootl  from  evil  is  overthrown  ;  everj'thing  seems 
doubtful  and  indeterminate  in  the  moral  world  ;  kings  and 
nations  are  guided  by  chance,  and  none  can  say  where  are 
the  naliu-al  limits  of  despotism  and  the  bounds  of  license. 
Long  i-evolutions  have  forever  destroyed  the  respect  which 
surrounded  the  rulers  of  the  state  ;  and,  since  they  have 
been  relieved  from  the  burden  of  public  esteem,  jnincea 
may  liciiceforward  surrender  themselves  without  fear  to 
the  intoxication  of  arbitrary  power. 

When  kings  find  that  the  hearts  of  their  subjects  are 
turned  towards  them,  they  are  clement,  because  they  are 
conscious  of  their  strength  ;  and  they  are  chary  of  the 
affection  of  their  people,  because  tlie  affection  of  their 
people  is  the  bulwark  of  the  throne.  A  mutual  inter* 
change  of  good-will  then  takes  place  betwecw  iW  -^irt&SA 


^>  DEMOCRACY  IN  AIIKRICA. 

wkI  iIi#  people,  which  n^aemblcs  the  gmdous  interconrM 
U"  liotuwUc  life.  The  Bubjects  may  murmur  at  the  sover- 
fi};ii'K  Jecrec,  but  they  are  griâTed  to  displease  him  ;  and 
t)u>  sovereign  cliastises  his  subjects  with  the  light  hand  of 
parental  aifection. 

Itut  when  once  the  spell  of  royalty  is  broken  in  the 
tumult  of  revolntiou,  —  when  successive  monarchs  have 
i-rossi'd  the  throne,  so  as  alternately  to  display  to  the  peo- 
ple the  weakness  of  tlieir  right,  and  the  harahneas  of  thrir 
power,  —  the  sovereign  is  no  longer  regarded  by  any  as  the 
father  of  the  state,  and  he  is  feared  by  all  as  its  innstur.  IF 
he  is  weak,  he  is  despised  ;  if  lie  is  strong,  be  is  defeated. 
He  is  himself  full  of  animosity  and  alarm  !  he  finds  Uwt 
he  is  a  stranger  in  his  own  country,  and  he  treats  his  sub- 
jects like  conquered  enemies. 

When  the  provinces  and  the  towns  formed  so  many  dit 
ferent  nations  in  the  midst  of  their  common  country,  each 
of  them  had  a  will  of  its  own,  which  was  opposed  to  die 
general  spirit  of  subjection  ;  hut,  now  that  all  the  parts  of 
the  same  empire,  after  having  lost  their  immtmities,  thdr 
customs,  their  prejudices,  their  traditions,  and  even  th^ 
names,  have  become  accustomed  to  obey  the  same  laws,  it 
is  not  more  difficult  to  oppress  them  all  together  than  it 
was  formerly  to  oppress  one  of  them  separately, 

Whilst  the  nobles  enjoyed  their  power,  and  indeed  long 
after  that  power  was  lost,  the  honor  of  aristocracy  con- 
ferred an  extraordinary  degree  of  force  upon  their  personal 
Opposition.  Men  could  then  be  fonnd  who,  notwitlistand- 
ing  their  weakness,  still  entertained  a  high  opinion  of  theàr 
personal  value,  and  dared  to  cope  single-handed  with  the 
public  authority.  But  at  the  present  day,  when  all  ranks 
are  more  and  more  confounded,  —  when  the  individual  dis- 
appears irr  the  throng,  and  is  easily  lost  in  the  midst  of 
a  common  obscurity,  when  the  honor  of  monarchy  has 
almost  lost  its  power,  without  being  succeeded  by  vtrtoe, 


CAUSES  WHICH  TEHD  TO  MAINTAIN  DEMOCBACY.      421 

and  when  nothing  can  enable  man  to  rise  above  himself,  — 
who  shall  say  at  what  point  the  exigencies  of  power  and 
the  servility  of  weakness  will  stop  ? 

As  long  as  family  feeling  was  kept  alive,  the  antagonist 
of  oppression  was  never  alone  ;  he  looked  about  him,  and 
found  his  clients,  his  hereditary  Mends,  and  Ma  kinsfolk. 
If  tliis  support  was  wanting,  he  felt  himself  sustained  l^ 
his  ancestors,  and  animatfjd  by  his  posterity.  But  when 
patrimonial  estates  are  divided,  and  when  a  few  years  suf- 
fice to  confound  the  distinctions  of  race,  where  can  familv 
feeling  bo  found  ?  What  force  can  there  be  in  the  customs 
of  a  country  which  has  changed,  and  is  still  perpetually 
changing,  its  aspect,  —  in  which  every  act  of  tyranny  al- 
ready has  a  precedent,  and  every  crime  an  example,  —  in 
wldch  tliere  is  nothing  so  old  that  its  antiquity  can  save  it 
ùora  destruction,  and  notliing  bo  unparalleled  that  its  nov- 
elty can  prevent  it  from  being  done?  What  resistance 
can  be  offered  by  manners  of  so  pliant  a  make  that  they 
have  already  often  yielded  ?  What  strength  can  even 
pubhc  opinion  have  retained,  when  no  twenty  persons  are 
connected  by  a  common  tie,  —  when  not  a  man,  nor  a 
femily,  nor  r;hartered  corporation,  nor  class,  nor  free  insti- 
tution, has  the  power  of  representing  or  exerting  that  opin- 
ion,—  and  when  every  citizen,  being  equally  weak,  equally 
poor,  and  equally  isolated,  has  only  his  personal  impotence 
to  oppo;e  to  the  organized  force  of  tlie  government? 

The  annals  of  France  furnish  nothing  analogous  to  the 
condition  in  which  that  country  might  then  be  thrown. 
But  it  may  more  aptly  be  assimilated  to  the  times  of  old, 
and  to  tliose  hideous  eras  of  Roman  oppression,  when  the 
manners  of  the  people  were  corrupted,  their  traditions 
obliterated,  their  habits  destroyed,  their  opinions  shaken, 
and  freedom,  expelled  from  the  laws,  could  find  no  refugs 
in  the  land  ;  when  nothing  protected  tlie  citizens,  and  the 
àtizens   no  longer   protected   themselves  ;   when   hnmark 


432  DEuocRAcr  is  auëricà. 

nature  was  the  sport  of  man,  and  princes  wearied  oat  tJio 
clemency  of  Heaven  before  they  exluiusted  the  patience 
of  their  Biibjects.  Those  who  hope  to  revive  the  mort- 
fti^hy  of  Henry  IV.  or  of  Louis  XIV.  appear  to  me  to 
be  afflicted  with  mental  blindness  ;  and  when  I  consider 
the  present  condition  of  several  European  nations, — s 
condition  to  which  all  the  others  tend,  —  I  am  led  to  be- 
lieve that  they  will  soon  be  left  with  no  other  alternative 
than  democratic  liberty  or  tlie  tvranny  of  the  Ctesars. 

Is  not  this  deserving  of  consideration  ?  If  men  must 
really  come  to  tliis  point,  that  they  are  to  be  entirely 
emancipated  or  entirely  enslaved, —  all  their  rights  to  be 
made  equal,  or  all  to  be  taken  away  from  them  ;  if  the 
rulers  of  society  were  compelled  cither  gradually  to  raise 
the  crowd  to  their  own  level,  or  to  alhiw  all  the  citizens 
to  fall  below  that  of  humanity,  —  would  not  the  doubts 
of  many  be  resolved,  the  consciences  of  many  be  con- 
firmed, and  the  community  prepared  to  make  great  sao 
ritices  with  litde  difSculty  ?  In  that  case,  tlie  gradual 
growth  of  democratic  manners  and  institutions  should  be 
regarded,  not  as  the  best,  but  as  the  only  means  of  pre- 
serving freedom  ;  and,  without  liking  the  government  of 
democracy,  it  might  be  adopted  as  the  most  applicable, 
and  the  fairest  remedy  for  the  present  ills  of  society. 

It  is  difficult  to  make  the  people  participate  in  the  gov- 
ernment ;  but  it  is  still  more  difficult  to  supply  them  with 
experience,  and  to  inspire  them  with  the  feelings  which 
they  need  in  order  to  govern  well.  I  grant  that  the 
wishes  of  the  democracy  are  capricious,  its  instruments 
rude,  its  laws  imperfect.  But,  if  it  were  true  that  soon 
no  just  mediiun  would  exist  between  the  rule  of  democ- 
racy and  the  dominion  of  a  single  man,  should  we  not 
rather  incline  towards  the  former,  than  submit  voluntarily 
to  the  latter  ?  And  if  complete  equally  be  our  fete,  is 
it  not  better  to  be  levelled  by  free  institutions  than  by  s 


CAUSES  WmCH  TEHD  TO  MAINTAIN  DEMOCBACT.      428 

Those  who,  RÛer  having  read  this  book,  should  imagine 
that  my  intention  in  writing  it  was  to  propose  the  laws 
and  manners  of  the  Anglo- Am  encans  for  the  imitation  of 
all  democratic  communides,  would  make  a  great  mistake  ; 
they  most  have  paid  more  attention  to  the  form  than  to 
the  substance  of  my  thought.'  My  aim  has  been  to  show, 
by  the  example  of  America,  that  laws,  and  especially  man- 
ners, may  allow  a  democratic  people  to  remain  &ee.  Bnt 
I  am  veiy  far  from  thinking  that  we  ought  to  follow  the 
example  of  the  American  democracy,  and  copy  the  means 
which  it  has  employed  to  attain  this  end  ;  for  I  am  well 
aware  of  the  influence  which  the  nature  of  a  country  and 
its  political  antecedents  exercise  upon  its  political  consti- 
tution ;  and  I  should  regard  it  as  a  great  misfortune  for 
mankind  if  liberty  were  to  exist  all  over  the  world  under 
the  same  features. 

But  I  am  of  opinion  that,  if  we  do  not  succeed  in  gradu- 
ally introducing  democratic  institutions  into  France  ;  if  we 
despair  of  imparting  to  all  the  citizens  those  ideas  and  sen- 
timents which  first  prepare  tiiem  for  freedom,  and  after- 
wards allow  them  to  enjoy  it,  —  there  will  be  no  indepen- 
dence at  all,  either  for  the  middling  classes  or  the  nobility, 
for  the  poor  or  for  the  rich,  but  an  equal  tyranny  over 
all  ;  and  I  foresee  that,  if  the  peaceable  dominion  of  the 
majority  be  not  founded  amongst  us  in  time,  we  shall 
sooner  or  later  fall  under  the  unlimited  authority  of  a 
single  man. 


DEMOCKACY  DJ  AMEEIC4. 


CHAPTER    XVII 


THE    PRESENT    AND    PBOBABLB    FUTUKE    CONDITION    OF 
THREE     RACES    Wmca    INHABIT    THE    TEKRITOKÏ    OF    ' 
UNITED   STATES.  """^ 


THE  principal  task  which  I  had  imposed  upon  myself 
is  now  performed  :  I  have  shown,  as  farns  I  was  able, 
tlio  laws  and  the  manners  of  the  American  democracy. 
Here  I  might  stop  ;  but  the  reader  would  perhaps  feel  that 
I  had  not  satisfied  his  expectations. 

An  absolute  uid  immense  democracy  is  not  all  that  we 
find  in  America  ;  the  inhabitants  of  the  New  World  may 
be  considered  from  more  than  one  point  of  view.  In  the 
course  of  this  work,  my  subject  has  often  led  me  to  speak 
of  the  Indians  and  the  Negroes  ;  but  I  have  never  had  time 
to  stop  in  order  to  show  what  place  these  two  races  occupy 
in  the  midst  of  the  democratic  people  whom  I  was  engaged 
in  describing.  I  have  shown  in  what  spirit  and  according 
to  what  laws  the  Anglo-American  Union  was  fonned  ;  hat 
I  could  give  only  a  hurried  and  imperfect  glance  at  the 
dangers  which  menace  that  confederation,  and  could  not 
fiimish  a  detailed  account  of  its  chances  of  duration  in- 
dependently of  its  laws  and  manners.  When  speaking 
of  the  united  repubhcs,  I  hazarded  no  conjecture»  upon 
the  permanence  of  republican  forma  in  the  New  World  ; 
and  when  making  frequent  allusion  to  the  commercial 
activity  which  reigns  in  the  Union,  I  was  unable  to  in- 
quire into  the  future  of  the  Americans  as  a  commercial 
people. 


THE  THBEE  KAGES  IH  THE  UNITED  STATES.  426 

These  topics  are  coUaterallj^fisflhected  with  my  suLject 
without  forming  a  part  of  J^^they  are  American,  without 
being  democratic  ;  and  t^'portray  democracy  has  been  my 
principal  aim.  It><fas  therefore  necessary  to  postpone 
these  questions^mich  I  now  take  up  m  the  proper  termi- 
nation of  id^*ork. 

rerritory  now  occupied  or  claimed  by  the  American 
1  spreads  from  tlie  shores  of  the  Atlantic  to. those  of 

!  Pacific  Ocean.  On  the  east  and  west,  its  limits  are 
those  of  the  continent  itself.  On  the  south,  it  advances 
nearly  to  the  Tropics,  and  it  extends  upward  to  tlie  icy 
r^ons  of  the  North. 

The  human  beings  who  are  scattered  over  tliis  space  do 
not  form,  as  in  Europe,  so  many  branches  of  the  same 
stock.  Three  races,  naturally  distinct,  and,  I  njight  almost 
say,  hostile  to  each  other,  are  discoverable  amongst  them  at 
the  first  glance.  Almost  insurmountable  barriers  had  been 
raised  between  them  by  education  and  law,  as  well  as  by 
their  origin  and  outward  characteristics  ;  but  fortune  haa 
brought  them  together  on  the  same  soil,  where,  although 
they  are  mixed,  they  do  not  amalgamate,  and  each  race 
fulfib  its  destiny  apart. 

Amongst  tliese  widely  differing  families  of  men,  the  first 
which  attracts  attention  —  the  superior  in  intelligence,  in 
power,  and  in  enjojrment — is  the  White,  or  European,  the 
MAN  pre-eminently  so  called  ;  below  him  appear  the  Negro 
and  the  Indian.  These  two  unhappy  races  have  notliing 
in  common,  neither  birth,  nor  features,  nor  language,  nor 
habits.  Their  only  resemblance  lies  in  their  misfortunes. 
Both  of  them  occupy  an  equally  inferior  position  in  the 
country  they  inhabit  ;  both  suffer  from  tyranny  ;  and  if 
theh:  wrongs  are  not  the  same,  they  originate  from  the 
same  authors. 

If  we  reasoned  from  what  passes  in  the  world,  we  should 


426  DEUUCRACT   IS  AUEBICA. 

kIiiki^I  say  that  the  Kuropean  is  to  the  other  races  of  man 
kinJ  what  mnn  himself  13  to  the  luwer  niiiinals  :  he  inakea 
them  subaemtnt  to  his  use,  and  when  he  cannot  subdue, 
he  di^troys  them.  Oppression  has,  at  one  stroke,  deprived 
the  descendants  of  the  Africans  of  almost  all  the  priviegea 
of  huinauily.  The  Negro  of  the  United  States  has  lost 
even  the  reraemhrance  of  his  country  ;  the  liinguago  which 
his  forefathers  spoke  is  never  heard  orouiul  liîm  ;  lie  ab- 
jured their  reUgion  and  forgot  their  customs  when  be 
ceased  to  belong  to  Africa,  without  acquiring  any  claim 
to  European  privileges.  But  he  remains  balf-way  between 
the  two  communities,  isolated  between  two  races  ;  sold  by 
the  one,  repulsed  by  the  other  ;  finding  not  a  spot  in  the 
uniMTM'  to  fall  by  the  name  of  couutr}',  except  the  faint 
image  ot  a  home  which  the  shelter  of  Ms  master's  roof 
affords. 

The  Negro  has  no  family:  woman  is  merely  the  tent- 
porary  companion  of  his  pleasures,  and  his  children  are  on 
an  equality  with  himself  from  the  moment  of  their  birth. 
Am  I  to  call  it  a  proof  of  God's  mercy,  or  a  visitation  of 
his  wrath,  that  man,  in  certain  states,  appears  to  be  insen- 
sible to  his  extreme  wretchedness,  and  almost  obtains  a 
depraved  taste  for  the  cause  of  his  misfortunes  ?  The 
Negro,  plunged  in  this  abyss  of  evils,  scarcely  feels  his 
own  calamitous  situation.  Violence  made  him  a  slave, 
and  the  liabit  of  servitude  gives  him  the  thoughts  and 
desires  of  a  slave  ;  he  admires  his  tyrants  more  than  he 
hates  tlicm,  and  finds  his  joy  and  his  pride  in  the  servile 
imitation  of  those  who  oppress  him.  His  understanding 
is  degraded  to  the  level  of  his  soul, 

Tlie  Negro  enters  upon  slavery  as  soon  as  he  is  bom  ; 
nay,  he  may  have  been  purchased  in  the  womb,  and  have 
begun  his  slavery  before  he  began  his  existence.  Equally 
devoid  of  wants  and  of  enjoyment,  and  useless  to  himself, 
he  leams,  with  his  first  notions  of  existence,  that  he  is  the 


THE  THREE  BACES  IN  THE   UMITED   STATES.  427 

property  of  another,  who  has  an  interest  in  preserving  hia 
life,  and  that  the  care  of  it  does  not  devolve  upon  himself; 
even  the  power  of  thought  appears  to  him  a  useless  gift 
of  Providence,  and  he  quietly  enjoj's  all  the  privileges  of 
his  debasement. 

If  he  becomes  free,  independence  is  often  felt  by  him 
to  be  a  heavier  burden  than  slavery  ;  for,  having  learned, 
in  tlie  course  of  his  life,  to  submit  to  ever)'thing  except 
reason,  he  is  too  unacquainted  with  her  dictates  to  obey 
them.  A  thousand  new  desires  beset  him,  and  he  has  not 
the  knowledge  and  energy  necessary  to  resist  them  :  these 
are  masters  which  it  is  necessary  to  contend  with,  and  he 
has  leamt  only  to  submit  and  obey.  In  short,  he  is  sunk 
to  such  a  depth  of  wretchedness,  tha  ,  while  servitude  bru- 
talizes, liberty  destroys  him. 

Oppression  has  been  no  less  fatal  to  the  Indian  than 
to  the  Negro  race,  but  its  effects  are  different.  Before 
the  anival  of  white  men  in  the  New  World,  the  inhab- 
itants of  North  America  lived  quietly  in  their  woods,  en- 
during the  vicissitudes  and  practising  the  virtues  and  vices 
common  to  savage  nations.  The  Europeans,  having  dis- 
persed the  Indian  tribes  and  driven  them  into  the  deserts, 
condemned  them  to  a  wandering  life,  fiill  of  inexpressible 
sufferings. 

Savage  nations  are  only  controlled  by  opinion  and  cus- 
tom. When  the  North  American  Indians  had  lost  the 
sentiment  of  attachment  to  their  country  ;  when  their  femi- 
lies  were  dispersed,  their  traditions  obscured,  and  the  chain; 
of  their  recollections  broken  ;  when  all  their  habits  were- 
changed,  and  their  wants  increased  beyond  measure, — ■ 
European  tyranny  rendered  them  more  disorderly  and 
leas  civilized  tlian  they  were  before.  The  moral  and 
physical  condition  of  these  tribes  continually  grew  worse, 
and  they  became  more  barbarous  as  they  became  more 
wretched.     Nevertheless,  the   Europeans  have  not  ViwiGk 


428  OEHOCBACT  m  AMtJaCA. 

able  to  change  tlie  character  of  the  Indians  ;  and,  though 
they  huve  liad  powor  to  destroy,  they  have  never  been 
able  to  subdue  and  civilize  them. 

The  lot  of  the  Negro  û  placed  on  the  extreme  limit 
of  senitiido,  wliile  that  of  tjie  Indian  lies  on  the  ntter- 
most  verge  of  liberty  ;  and  slavery  docs  not  produce  more 
fatal  effects  upon  the.  first,  than  independence  npon  the 
second.  The  Nefrro  has  lost  all  property  in  his  own 
pi-rson,  and  he  cannot  dispose  of  his  exiatonce  without 
commiiting  a  sort  of  fraud.  But  the  saviige  is  his  own 
master  as  soon  as  he  is  able  to  act  ;  parental  authority 
is  scarcely  known  to  him  ;  he  has  never  lient  his  will  to 
tlutt  of  any  of  his  kind,  nor  learned  the  difference  between 
voluntary  obeilience  and  a  sliamoful  subjection  ;  and  the 
very  name  of  law  is  unknown  to  him.  To  be  free,  with 
him,  signifies  to  escape  from  all  the  shackles  of  society. 
As  he  delights  in  this  barbarous  independence,  and  would 
rather  perish  than  sacrifice  the  least  part  of  it,  civilization 
has  little  hold  over  him. 

The  Negro  mokes  a  thousand  fruitless  efforts  to  insinuate 
himself  amongst  men  who  repulse  him  ;  he  conforms  to  the 
tastes  of  his  oppressors,  adopts  their  opinions,  and  hopes  1^ 
imitating  them  to  form  a  part  of  their  community.  Hav- 
ing been  told  from  infancy  that  his  race  is  naturally  inferior 
to  that  of  the  whites,  he  assents  to  the  proposition,  and  is 
ashamed  of  his  own  nature.  In  each  of  liis  features  he 
discovers  a  trace  of  slavery,  and,  if  it  were  in  his  power, 
he  would  willingly  rid  himself  of  everything  that  makes 
him  what  he  is. 

The  Indian,  on  the  contrary,  has  his  imagination  inflated 
with  the  pretended  nobility  of  his  ori^n,  and  lives  and  dies 
in  the  midst  of  these  dreams  of  pride.  Far  from  desiring 
to  conform  his  habits  to  ours,  he  loves  his  savage  Mte  as  the 
distinguishing  mark  of  his  race,  and  repels  every  advance 
to  civilization,  less,  perhaps,  from  hatred  of  it,  thtai  (ccaa 


THE  TIIBEE  RACES  IK   THE  UNITED  STATES.  429 

ft  dread  of  resembling  the  Europeans.*  While  he  lias 
nothing  to  oppose  to  our  perfection  in  the  arts  hut  the 
resources  of  the  desert,  to  our  tactics  nothing  but  undisci- 
plined courage,  —  whilst  our  well-digested  plans  are  met 
only  by  the  spontaneous  instincts  of  savage  life,  —  who 
can  wonder  if  he  fails  in  this  unequal  contest  ? 

The  Negro,  who  earnestly  desires  to  mingle  his  race 
with  that  of  the  European,  cannot  do  so  ;  while  the  In- 
dian, who  might  succeed  to  a  certain  extent,  disdains  to 
make  the  attempt.  The  servility  of  the  one  dooms  him 
to  slavery,  the  pride  of  the  other  to  death. 

I  remember  that,  while  I  was  travelling  through  the 
forests  which  still  cover  the  State  of  Alabama,  I  arrived 

'  The  native  of  North  America  reiaiiu  his  opinions  and  the  most  inii^ 
nificant  of  hia  luibits  with  a  degree  of  tenadtj  which  has  no  parallel  in 
hietorj.  For  more  than  two  hundred  yean,  the  wandering  tribci  of  Ifonh 
AiDorica  hftTO  had  daily  intercoom  with  the  whites,  and  thoy  bun  nerer 
derived  ii-om  them  a  outom  or  an  idea.  Tet  the  Enropcana  have  exerdaed 
H  powerful  influcnrc  over  the  MTogcs  :  they  have  made  them  more  licen- 
tioua,  but  not  more  European.  In  the  sanuner  of  1B31,  I  happened  to  b« 
beyond  Lake  Miehigan,  at  a  place  called  Green-Bay.  which  serves  ai  the 
extreme  frontier  between  the  United  Slateg  and  the  Indians  of  the  NoRh- 
weat.  Hero  I  became  ocqaainled  with  an  Antcricen  officer,  M^r  H.,  who, 
•(1er  talking  lo  me  at  length  aboat  (he  inflexibility  of  the  Indian  cliaracter, 
related  the  following  GicC:  "I  fonneriy  knew  a  young  Indian,"  said  b«, 
"  who  had  been  edncated  at  a  college  in  New  Engliuid,  wbei«  he  had  greatly 
diatinguighed  hirnself,  and  had  acquired  the  external  appearance  of  a  dvil- 
izcd  man.  When  the  war  broke  oat  between  ontwlvcs  and  the  English  in 
1812,  I  saw  this  young  man  i^ain;  he  was  seiriiig  in  oar  army,  at  the  head 
of  the  waiiiocB  of  his  tril>e  i  for  the  Indians  were  admitted  wnongst  the 
ranks  of  the  Americans,  on  condition  only  that  they  wonid  abstain  from 
their  horrible  cnstom  of  scalping  their  victims.  On  the  evening  of  the  battle 
of  •  •  •,  C.  came,  and  sat  himself  down  bj  the  fire  of  oar  bivouac.  I 
asked  him  wliat  had  been  his  fbrtane  that  day  ;  he  related  his  exploits  ;  and 
growing  warm  and  animated  by  the  recollection  of  them,  he  concluded  by 
suddenly  opening  the  breast  of  his  coat,  saying,  ■  Ton  most  not  betray 
me:  —  see  here  I  '  And  I  aclnsllj  beheld,"  said  the  tmor,  "between  hi( 
body  and  bis  shirt,  the  skin  and  hair  of  an  English  head,  still  dripping  Willi 
blood." 


430  DEMOCRACY  IK  AHERIOA. 

one  day  at  tie  log-liouso  of  a  pioneer.  I  did  not  wish  1 
penetrate  into  tlie  dwelling  of  the  American,  but  i 
to  wst  myaelf  for  a  wlille  on  the  margin  of  a  spring,  wliicH 
wa»  not  far  oif,  in  the  woods.  \Vhil«  I  w-as  in  this  place, 
(which  was  in  the  neighborhood  of  tJio  Creek  territoiy.) 
an  Itidiun  woman  appeared,  followed  by  a  Negress,  and 
holding  by  the  hand  a  Utile  white  girl  of  five  or  six  years 
old,  whom  I  took  to  l>e  the  daughter  of  the  pioneer.  A 
sort  of  Kirbarons  luxury  set  off  tlie  costume  of  tlio  Indian  ; 
rings  of  metjil  were  Iinnging  from  her  nostrils  and  ears  ; 
her  hair,  which  was  adorned  with  glass  beads,  fell  loosely 
upon  her  shoulders  ;  and  I  saw  that  she  was  not  manied, 
for  she  still  wore  that  necklace  of  shells  wliich  the  bride 
alw;iys  iK']His;i.^  on  the  nuptial  cmioh.  The  Negi-ess  was 
cluii  ill  lit^uaiiii  European  garmenta.  All  tliroe  came  and 
seated  thcmsclvee  upon  the  banks  of  the  fountain  ;  and  the 
young  Indian,  taking  the  child  in  her  arms,  lavished  upon 
her  such  fond  caresses  as  mothers  give  ;  while  the  Negress 
endeavored,  by  various  little  artifices,  to  attract  the  atten- 
tion of  the  young  Creole.  The  child  displayed  in  her 
slightest  gestures  a  consciousness  of  superiority  which 
forme<l  a  strange  contrast  with  her  infantine  weakness; 
as  if  she  received  the  attentions  of  her  companions  with 
a  sort  of  condescension.  The  Negress  was  seated  on  the 
ground  before  her  mistress,  watching  her  smallest  desires, 
and  apparently  dirided  between  an  almost  maternal  affec- 
tion for  the  child  and  servile  feai'  ;  whilst  the  savage  dis- 
played, in  the  midst  of  her  tenderness,  an  air  of  freedom 
and  pride  which  was  almost  ferocious,  I  had  approached 
the  group,  and  was  contemplating  them  in  silence  ;  but 
my  curiosity  was  probably  displeasing  to  the  Indian  wo- 
man, for  she  suddenly  rose,  pushed  the  cliild  roughly 
from  her,  and,  giving  me  an  angry  look,  plunged  into  the 
thicket. 

I  bad  often  chanced  to  see  individuals  together  in  tba 


PRESENT  AKS   FUTUBE  CONDITION  OF  THE  INDIANS.    4SI 

Baine  place,  who  belonged  to  the  three  races  which  people 
North  America.  I  had  perceived  from  many  diflêreDt 
tnùts  the  preponderance  of  the  whites.  But  in  the  pic- 
ture which  I  have  just  been  describing,  there  was  some- 
thing peculiarly  touching  ;  a  bond  of  affection  here  united 
the  oppressors  with  the  oppressed,  and  the  effort  of  Nature 
to  bring  them  together  rendered  still  more  striking  the 
immense  -distance  placed  between  them  by  prejudiJe  s 
the  laws. 


THE  PRESENT  AND  PROBABLE  FUTDBB  CONDITION  Of  THB 
INDIAN  TRIBES  WHICH  INHABIT  THE  T^^nORY  POS- 
SESSED   BY   THE   UNION. 

Gndunl  Dlsappciiranca  of  the  N&tive  Tribes.  —  Maoncr  in  nhich  it  takct 
place  —  MtscricB  accampanjicg  the  forced  Mij^tioiis  of  the  Inditutt.  — 
The  Sava^ica  of  North  America  had  only  two  Wajra  of  camping  Dcsunc- 
tion.  Wot  or  Civilii^on.  —  They  are  no  longer  able  to  moke  Wor.  — 
Reasons  wliy  they  refused  to  become  Civilized  when  ic  was  in  their 
Power,  and  why  ihcy  conoot  become  so  now  that  Ihcj  desire  it.  —  In- 
nanco  of  the  Creeks  and  ChorokEca.  —  Policy  of  iho  particnlar  State* 
towards  thcw  Indiana.  —  Policy  of  the  Fédéral  Government. 

None  of  the  Indian  tribes  which  formerly  inhabited  the 
territory  of  New  England  —  tJie  Narragansctts,  the  Mo- 
hicans, tlie  Pequods  —  have  any  existence  but  in  the  rec- 
■  ollection  of  man.  The  Lenapes,  who  received  William 
Penn,  a  hundred  and  fifty  years  ago,  upon  the  banks  of 
the  Delaware,  have  disappeared  ;  and  I  myself  met  with 
the  last  of  the  Iroquois,  who  were  begging  alms.  Tlie 
nations  I  have  mentioned  formerly  covered  the  country 
to  the  sea-coast  ;  but  a  traveller  at  the  present  day  must 
penetrate  more  than  a  hundred  leagues  into  the  interior 
of  the  continent  to  find  an  Indian.  Not  only  have  these 
wild  tribes  receded,  but  they  are  destroyed  ;•  and  as  they 
■  In  the  thirteen  original  States,  then  an  only  6,in&  liïUa:ia  -wsnuflyxtHf 


iheir  place.  There  is  no  instance  upon  rtt-uni  of'  ko  pro 
digious  a  growth  or  so  rapid  n  destruction  :  the  manner 
in  which  tliu  latter  cliango  takes  place  is  not  difficult  to 
'descrilw. 

When  the  Indtanti  were  tlie  sole  inhaliitants  of  the  wîtfb 
whence  they  ha\'c  since  been  oxpelled,  their  wants  were 
fiîw,  Thdr  arm»  were  of  their  own  maiiufiicture,  theûr 
cmly  drink  was  the  water  of  the  brook,  and  their  clothes 
consisted  of  the  skins  of  animals,  whosu  flesh  (Vimished 
til  em  with  food. 

The  EuropiMLTis  Introduced  amongst  the  savages  of  North 
America  fire-arms,  ardent  spirits,  and  iron:  they  tsnght 
them  to  exchange  for  manufuctnrod  stuffs  the  rough  gar- 
ments which  had  jinn-iously  satisfied  their  untutored  sim- 
plicity, Ha™g  acquired  new  tastes,  without  the  arts 
by  which  they  could  be  gratified,  the  Indians  were  obliged 
to  have  recourse  to  the  workmanship  of  the  whites  ;  but 
in  return  for  their  productions,  tlie  savage  had  nothing  to 
offer  except  the  rich  fura  which  still  abounded  in  his  woods. 
Hence  the  chase  became  necessary,  not  merejy  to  provide 
for  his  subsistence,  but  to  satisfy  the  frivolous  desires  of 
Europeans.  He  no  longer  hunted  merely  to  obtain  food, 
but  to  procure  the  only  objects  of  barter  which  he  could 
offer."  Whilst  the  wants  of  the  natives  were  thus  increas- 
ing, their  resources  continued  to  diminish. 

•  Moaara.  Clnrke  and  Cb*b,  in  thoit  roport  to  Congresi,  the  4th  of  Feb- 
ruoTf,  1829.  p.  23,  remarked  :  "  The  diDO  when  llio  Indiana  gencnllj  coiild 
■upply  ihcmBclvca  with  food  and  clothing,  without  anj  of  the  articles  of  dr- 
ilizod  lire,  has  long  since  passed  awa;.  The  more  remote  tribes,  beyond  tba 
Miasissippi,  who  lire  whcio  immense  herds  of  btiffalo  are  yet  to  be  found, 
and  who  follow  those  animids  in  their  periodical  migimtions,  could  mora 
eaailj  than  anj  others  rccar  to  the  habits  of  ihcir  anccslora,  and  lire  witb- 
ont  the  wliilo  man  or  any  of  hia  manofaclarea.  But  the  bolfalo  û  conMant^ 
needing.  The  smaller  animals  —  the  bear,  the  deer,  (he  bcmTcr,  the  otier, 
dM  musk-rat,  etc.  —  principally  minister  to  the  comfort  and  nqipert  of  iIn 


FBESEKT   AND  FUTUBE   CONDITION  OF  THE  INDIANS.    43S 

From  the  rooment  when  a  European  settlement  û 
formed  in  the  neighborhood  of  the  territory  occupied  by 
the  ladians,  the  beasts  of  chase  take  the  alarm.*  Thou- 
sands of  savages,  wandering  in  the  forests,  and  destitute 
of  any  fixed  dwelling,  did  not  disturb  them  ;  but  as  soon 
as  tlie  continuous  sounds  of  European  labor  are  heard  in 
their  neighborhood,  they  begin  to  flee  away,  and  retire  to 
the  West,  where  their  instinct  teaches  them  that  they  will 
still  find  deserts  of  immeasurable  extent.  "  The  buf&lo 
b  constantly  receding,"  say  Messrs.  Clarke  and  Cass  in 
their  Report  of  the  year  1829  ;  "  a  few  years  since  they 
approached  the  base  of  the  Alleghany  ;  and  a  fijw  years 
hence  they  may  even  be  rare  upon  the  immense  plains 
which  extend  to  the  base  of  the  Rocky  Mountains."  I 
have  been  assured  tliat  this  effect  of  the  approach  of  the 
whites  is  often  &àt  at  two  hundred  leagues'  distance  from 
their  frontier.  Their  influence  is  thus  exerted  over  tribea 
whose  name  is  unknown  to  them  ;  and  who  suffer  tlie  evils 

Indiuu  ;  and  Ihcsc  nnnol  be  UtkeQ  without  gntu,  ammnnitioii,  imil  trap*. 
Among  the  Nonhwcgtcm  Indiaiu,  particnUrlj.  the  labor  of  lapplyiag 
a  bmil;  with  food  Ù  cxceuivo.  Dsj-  after  daj  is  spent  by  tho  huotor  with- 
ont  Bucoc«8,  and  during  this  intciral  his  fiiinil3r  mnst  subsist  upon  bsrk  or 
roots,  or  perish.  Wont  and  miser?  ara  «rooad  them  and  among  them. 
Manj  die  cverj  wintei  from  actoal  iCarration." 

Tho  Indians  will  not  Iito  as  Europeans  live;  and  ret  they  can  neither 
subsist  witlioat  them,  nor  cxacllj  after  the  fashion  of  (heir  fathers.  This  ia 
demonstnitcd  b^  a  fact  which  I  likewise  give  upon  oflicial  anlhorit;.  Some 
Indians  of  a  tribe  on  the  banks  of  Lake  Superior  hod  killed  a  European  ; 
the  American  goTcmment  interdicted  all  traffic  with  the  tribe  to  which  the 
goilij  parties  belong,  until  thejr  were  deliTcred  up  to  justice.  This  mea«- 
nre  had  the  desired  dfect. 

•  "Five  years  ago,"  says  Tolney  in  his  ToUeou  tie»  Élatt-Unia,  p.  370, 
"in  going  from  Viuccnncs  to  Kaskaskia,  a  territory  which  now  forms  part 
of  the  State  of  Ulinois,  but  which  at  the  time  I  mention  was  completely 
wild  (1797),  yon  could  not  cross  a  prairie  without  seeing  herds  of  from 
four  to  five  hundred  bnl&loce.  There  are  now  none  remaining;  thej  swam 
across  tlio  Mississippi,  to  escape  &om  the  hunters,  and  more  perticalarly  fiom 
the  bcUs  of  tho  American  eows." 

I»  »» 


484  DEMOOBACT  IN  AMERICA. 

of  nsurpatloii  long  before  thej  are  acquainted  with  the 
authors  of  their  distress.* 

Bold  adventurers  soon  penetrate  into  the  eonntiy  the 
Indians  have  deserted,  and  when  they  have  advanced  about 
fifteen  or  twenty  leagues  from  the  extreme  frontiers  of  the 
whites,  they  begin  to  build  habitations  for  civilized  beings 
in  the  midst  of  the  wilderness.  This  is  done  without  dif- 
ficulty, as  the  territoiy  of  a  hunting  nation  is  iU  defined  ; 
it  is  the  common  property  of  the  tribe,  and  belongs  to  no 
one  in  particular,  so  that  individual  interests  are  not  con- 
cerned in  protecting  any  part  of  it. 

A.  few  European  fiimilies,  occupying  points  veiy  remote 
ftx>m  each  other,  soon  drive  away  tlie  wild  animals  which 
remain  between  their  places  of  abode.  The  Indians,  who 
had  previously  lived  in  a  sort  of  abimdance,  then  find  it 
difficult  to  subsist,  and  still  more  difficult  to  procure  the 
articles  of  barter  wliich  they  stand  in  need  of.  To  drive 
away  their  game  has  the  same  effect  as  to  render  sterile  the 
fields  of  our  agriculturists  ;  deprived  of  the  means  of  sub- 
sistence, Uiey  are  reduced,  like  famished  wolves,  to  prowl 
through  the  forsaken  woods  in  quest  of  prey.  Their  in- 
stinctive love  of  country  attaches  them  to  the  soil  which 
gave  them  birth,f  even  afler  it  has  ceased  to  yield  anything 

*  The  truth  of  what  I  here  advance  may  be  easily  proved  by  consulting 
the  tabular  statement  of  Indian  tribes  inhabiting  the  United  States  and  their 
territories.  (Legislative  Documents,  20th  Congress,  No.  117,  pp.  90-105.) 
It  is  there  sho'Mii  that  the  tribes  in  the  centre  of  America  arc  rapidly  dO' 
creasing,  although  the  Europeans  are  still  at  a  considerable  distance  from 
them. 

t  "  The  Indians/'  say  Messrs.  Clarke  and  Cass,  in  their  Report  to  Con- 
gress, p.  15,  "am  attached  to  their  country  by  the  same  feelings  which  bind 
us  to  ours  ;  and,  besides,  thero  are  certain  superstitious  notions  connected 
with  the  alienation  of  what  the  Great  Spirit  gave  to  their  ancestors,  wliich 
operate  strongly  upon  the  tril)es  who  have  made  few  or  no  cessions,  but 
which  are  gradually  weakened  as  our  intercourse  with  them  is  extended. 
*  We  will  not  sell  the  spot  which  contains  tlie  bones  of  our  fathers/  b  almost 
always  the  first  answer  to  a  proposition  for  a  sale." 


PRESENT  AND  FUTURE  CONDITION  OF   THE  INDIAN3.    435 

but  misery  and  death.  At  length,  they  are  compelled  to 
acquiesce  and  depart:  they  follow  the  traces  of  the  elk, 
the  buffalo,  and  the  beaver,  and  are  guided  by  these  wild 
animals  in  the  choice  of  their  future  country.  Properly 
speaking,  therefore,  it  is  not  the  Europeans  who  drive  away 
the  natives  of  America;  it  is  famine;  —  a  happy  distinc- 
tion, whicli  had  escaped  the  casuists  of  former  times,  and 
for  wliich  we  are  indebted  to  modem  discovery  I 

It  is  impossible  to  conceive  the  frightful  sufferings  which 
attend  these  forced  migrations.  They  are  undertaken  by  a 
people  already  exhausted  and  reduced  ;  and  the  countries 
to  which  the  new-comers  betake  themselves  are  inhabited 
by  other  tribes,  which  receive  them  with  jealous  hostility. 
Hunger  is  in  the  rear,  war  awaits  them,  and  misery  besets 
them  on  all  sides.  To  escape  from  so  many  enemies,  they 
separate,  and  each  individual  endeavors  to  procure  secretly 
the  means  of  supporting  hia  existence  by  isolating  himself, 
hving  in  the  immensity  of  the  desert  like  an  outcast  in  civ- 
ihzcd  socie^.  The  social  tie,  which  distress  had  long  since 
weakened,  is  then  dissolved  ;  they  have  no  longer  a  coun- 
try, and  soon  they  will  not  be  a  people  ;  their  very  families 
are  obliterated  ;  their  common  name  is  forgotten  ;  their 
language  perishes  ;  and  all  traces  of  their  origin  disappear. 
Tiieir  nation  has  ceased  to  exist,  except  in  the  recollection 
of  the  antiquaries  of  America,  and  a  few  of  the  learned  of 
Europe. 

I  should  he  sorry  to  have  my  reader  suppose  that  I  am 
coloring  the  picture  too  highly  :  I  saw  with  my  own  eyes 
many  of  the  miseries  which  I  have  just  described,  and  was 
the  witness  of  sufferings  which  I  have  not  the  power  to 
portray. 

At  the  end  of  the  year  1831,  whilst  I  was  on  the  left 
bank  of  the  Mississippi,  at  a  place  named  by  Eucopeans 
Memphis,  there  arrived  a  numerous  band  of  Choctaws  (or 
Chactas,  as  they  are  called  by  the  French  in  Louisiana^ 


4SS  DEUOCSACV  IN  AUEBIOA. 

These  savages  had  left  iheîr  conntry,  and  vero  «iiiea^ 
ing  to  gRiD  tlio  right  bank  of  the  Miw)$«ippi,  where  th^ 
bopt-tl  to  find  an  asylum  which  had  been  promised  them 
by  the  American  government.  It  was  tlien  the  middle  of 
winter,  and  the  cold  was  imusutdly  severe  ;  tiie  snow  hod 
frozen  hard  upon  the  grannd,  and  the  river  was  drifting 
huge  masses  of  ice.  The  Indians  had  their  families  n-ith 
tlicm  ;  and  they  brought  in  their  train  the  wounded  and 
tho  sick,  with  ehiJdren  nowlj  bom,  and  old  men  upon  tlie 
vi*r^  iif  death.  They  possessed  neither  tents  nor  ivagona, 
but  only  tlieir  arms  and  some  provisions.  I  saw  iJiem 
bark  lo  pass  the  mighty  river,  and  never  will  that  sol 
«[iftiHclu  &dc  fi'om  my  remembrance.  No  cry,  no 
WHH  heard  amongst  the  assembled  crowd  ;  alî  were  silent. 
Tlieir  calamities  were  of  ancient  date,  and  they  knew  them 
to  be  irremediable.  The  Indians  had  all  stepped  into  the 
bark  which  was  to  carry  them  across,  but  their  dc^ 
remained  upon  the  bank.  As  soon  as  these  animals  per- 
ceived that  their  masters  were  finally  leaving  the  Bhore, 
they  set  up  a  dismal  bowl,  and,  plunging  all  together  into 
the  icy  waters  of  the  Mississippi,  swam  after  the  boat. 

The  ejectment  of  the  Indians  often  takes  place  at  the 
present  day  in  a  regular,  and,  as  it  were,  a  legal  manner. 
When  the  European  population  begins  to  approach  the 
limit  of  the  desert  inliabtted  by  a  savage  tribe,  tlie  gov^ 
emment  of  the  United  States  usually  sends  forwanl  en- 
voys, who  assemble  the  Indians  in  a  large  plain,  and, 
having  first  eaten  and  drunk  with  them,  address  them 
thus  :  "  What  have  you  to  do  in  the  land  of  your 
fethers?  Before  long,  you  must  dig  up  their  bones  in 
order  to  live.  In  what  respect  is  the  country  you  inhabit 
better  than  another?  Are  there  no  woods,  marshes,  or 
prairies,  except  where  you  dwell  ?  And  can  you  live 
nowhere  but  under  your  own  sun?  Beyond  Uiose  moun- 
teina  which  you  see  at  the  horizon,  beyond  the  lake  which 


PRESENT   AND  rUTURK  CONDITION   OF  THE  INDIANS.     43T 

bounds  youf  territory  on  the  west,  there  lie  vast  coun- 
tries where  beasts  of  chase  are  yet  found  in  great  abun- 
dance ;  sell  us  your  lands,  then,  and  go  to  live  happily 
in  those  solitudes."  After  holding  this  language,  they 
spread  before  the  ejres  cS  the  Indiana  fire-arms,  woollen 
garments,  kegs  of  brandy,  glass  necklaces,  bracelets  of 
tinsel,  ear-rings,  and  look ing^I asses.*  If,  when  they  have 
beheld  all  these  riches,  they  still  hesitate,  it  is  insinuated 
that  they  cannot  refuse  the  required  consent,  and  that 
the  government  itself  will  not  long  have  the  power  of 
protecting  them  in  their  rights.  What  are  they  tla  do? 
Half  convinced  and  half  compelled,  they  go  to  inhabit 
new  deserts,  where  the  importunate  whites  will  not  let 
them  remain  ten  years  in  peace.  In  this  manner  do  the 
Americans  obtain,  at  a  very  low  price,  whole  provinces, 
which  the  richest  sovereighs  of  Europe  could  not  pur- 
chase.! 

*  See,  in  the  Legislative  Doenmeots  of  CongnM  (Doc.  IIT),  the  nam- 
tivB  of  wliat  takes  place  on  then  occaaiona.  This  carioiia  ponage  n  (roiD 
the  rormcrl;  mentioned  Report,  made  to  Congreaa  bj  Measn.  Clarke  and 
Ca«a,  in  Kobrnar;,  IS29. 

"  The  Indiana,"  aayi  the  Beport,  "reach  the  trcaty-grouDd  poor,  and  al- 
most naked.  Large  qnsotilioa  of  goods  ore  taken  there  by  the  traders,  and 
are  seen  and  examined  by  the  Indiana.  The  women  and  children  become 
impoTtDoate  to  have  tfadr  want!  sopplicd,  and  their  influence  i»  toon  exertod 
to  induce  a  Mle.  Their  improvidence  ia  habitual  and  Doconquerahle.  The 
graciâcation  of  his  immediate  wonts  and  deairea  is  the  ruling  paasïon  of  an 
Indian.  The  c:cpcctatioii  of  fiilnre  advantages  «cidom  pcoducce  much  effect. 
The  expcrieaco  of  the  post  is  lost,  and  the  proepectt  of  the  fnturo  dieregaid- 
ed.  It  would  be  uticrlj  hopeleet  to  demand  a  ceasion  of  land,  unless  the 
means  were  at  hand  of  gralifyiug  their  immediate  wants  ;  and  when  their 
condition  and  circumsiancea  are  Burly  conaideied,  it  ought  not  to  surprise  us 
that  thej  are  so  anxious  lo  relieve  themselves." 

t  On  the  19th  of  May,  1830,  Mr.  Edward  Everett  affinued  before  the 
Bouse  of  ItcprcscntBlivGS.  that  the  Americana  had  already  acquired  by  Ireah/, 
M  the  east  and  west  of  the  Mississippi,  330.000,000  of  acre».  In  1808,  the 
Osa^iea  gave  ap  48.000,000  acres  for  an  anoual  payment  of  l.OQQ  Ai^Uaxv 

lu  1818,  the  Qiupan  yielded  Op  S0,000,000wxcs  Iln4,lMa^o^^Bn.    '^IVkj 


'438  DEIfOCBACT  IK  JUIEBICA. 

These  are  great  evils  ;  and  it  mnBt  be  added  that  tbej 
appear  to  me  to  be  irremediable.  I  believe  tbat  tlw 
Indian  nations  of  North  America  are  doomed  to  perish; 
and  that  whenever  the  Europeans  shall  be  established 
an  the  shores  of  the  Pacific  Ocean,  that  race  of  men  will 
have  ceased  to  exist.*  The  Indians  had  only  the  aita!» 
native  of  war  or  civilization  ;  in  other  worda,  they  must 
«ther  destroy  the  Europeans  or  become  their  equals. 

At  the  first  settlement  of  the  colonies,  they  might  have 
fout^d  it  possible,  by  uniting  thùr  forces,  to  deliver  theaï- 
selves  from  the  small  bodies  of  strangers  who  landed  on 
their  continent.f     They  several  times  attempted  to  do  it, 

reserved  for  tTiemselTcs  a  icrrilory  of  1,000,000  «CTca  for  &  hnnling-gromid. 
A  solemn  onlh  nas  taken  iLat  it  should  bo  respected  :  bat  bcfon  long  it  WM 
invailed  like  llio  rest. 

Mr.  Bell,  ill  Ilia  "  Report  of  the  Committee  on  Indian  Â&în,"  Fvbnmj 
S4,  1330,  bis  these  words  :  "  To  paj  aa  Indian  tribe  what  their  andent 
liuntinp-poands  are  worth  to  them  after  tlie  game  is  fled  or  dcstroTcd,  as  t, 
mode  of  appropriftiing  wild  lands  claimed  bj  Indians,  lias  been  found  mora 
ronTcnient,  and  rertninly  it  is  mora  sgrccable  to  the  forms  of  jiutira,  aa  well 
as  more  roercifnl,  than  to  assert  the  poasesBion  of  tlicm  hj  the  sword.  Thus 
tliu  pnictiee  of  baviag  lodiuD  tiites  is  but  tlie  substitute  which  hamanitjr  and 
Hxpedicncj  have  imposed,  in  place  of  tlie  sivord,  in  irriring  at  tlie  artnal 
enjoyment  of  property  claimed  by  the  right  of  discovery,  and  sanctioned  by 
the  natural  superiority  atlowi^l  to  the  cisims  of  ciTJIized  communitic*  orer 
those  of  savage  tribes.  Up  to  the  present  time,  so  invariable  has  been  th« 
opération  of  certain  causes,  first  in  diminishing  iho  value  of  forest  lands  to 
tiie  Indians,  and  secondly,  in  dlsjiosing  them  to  sell  readily,  that  tbc  plan  ot 
buying  their  right  of  occupancy  has  never  threatened  to  retard,  in  any  pci^ 
wptililc  degree,  the  prosperity  of  any  of  the  Slates."  (Lt^lative  Docu- 
ments, 21st  Congress,  No.  327,  p.  6). 

*  This  seems,  indeed,  to  bo  the  ogiinion  of  almost  all  American  states- 
men. "Judging  of  the  future  by  the  past,"  says  Mr.  Cass,  "we  cannot 
err  in  antitijiotiug  a  progressive  diminution  of  tlieic  numbers,  and  thai 
evenlual  extinction,  unless  our  border  should  become  situionary,  and  tbe/ 
be  removed  beyond  it,  or  unless  gome  radical  change  shoold  toko  place  in 
tlie  principles  of  our  intercourse  with  them,  which  it  is  easier  to  hope  hi 
than  to  expect." 
t  Amongst  othoi  naiMVo  ocUitctiua,  fa<s«  iiaa  ooa  >A  ^a'^wc^ummsi^ 


PEESENT  AND  FUTURE  CONDITION   OF  THE  INDIANS.    439 

and  were  on  the  point  of  succeeding  ;  but  the  dispropor- 
tion of  their  resources  at  the  present  day,  when  compared 
with  those  of  the  whites,  is  too  great  to  allow  such  an 
enterprise  to  be  thought  of.  But  from  time  to  time  among 
the  Indians,  men  of  sagacity  and  energy  foresee  the  final 
destiny  which  awaits  the  native  population,  and  exert 
themselves  to  unite  all  the  tribes  in  common  hostility  to 
the  Europeans  ;  but  their  efforts  are  unavailing.  The 
tribes  which  are  in  the  neighborhood  of  the  whites  are 
too  much  weakened  to  offer  an  effectual  resistance  ;  whilst 
the  others,  giving  way  to  that  childish  carelessness  of  the 
morrow  which  characterizes  savage  life,  wait  for  the  near 
approach  of  danger  before  they  prepare  to  meet  it  :  some 
are  unable,  others  are  unwilling,  to  act. 

It  is  easy  to  foresee  that  the  Indians  will  never  civilize 
themselves,  or  that  it  will  be  too  late  when  they  may  be 
inclined  to  make  the  experiment. 

Civilization  is  the  result  of  a  long  social  process,  which 
takes  place  in  the  same  spot,  and  is  handed  down  from  one 
generation  to  another,  each  one  profiting  by  the  experience 
of  the  last.  Of  all  nations,  those  submit  to  civilization 
with  the  most  difficulty  who  habitually  live  by  the  chase. 
Pastoral  tribes,  indeed,  often  change  their  place  of  abode  ; 
but  they  follow  a  regular  order  in  their  migrations,  and 
often  return  to  their  old  stations,  whilst  tlie  dwelling  of  the 
hunter  varies  with  that  of  the  animals  he  pursues. 

Several  attempts  have  been  made  to  diffuse  knowledge 
amongst  the  Indians,  leaving  unchecked  their  wandering 
propensities,  by  the  Jesuits  in  Canada,  and  by  the  Puritan» 
in  New  England  ;  *  but  none  of  these  endeavors  have  been 

and  other  confederate  tribes,  under  Metacom,  in  1675,  against  the  colonists 
of  New  England  ;  the  English  were  also  engaged  in  war  with  them  in  "Vlr- 
ginia  in  1G22. 

*  See  the  historians  of  New  England,  the  Histoire  de  la  Nouvelle  France, 
bj  Charlevoix,  and  the  work  entitled  Lettrée  édifiantes. 


no  I>E110CR.\CY  IN  AMEKICA. 

crowned  hj  any  Insting  auccesi.  Civiliiadon  began  in  the 
cabin,  but  soon  rulired  to  expire  in  the  woods.  The  great 
iirrar  of  tbtae  liigisluton  of  the  Indians  was  tbeir  not  un- 
dcretaiiiling  that,  in  order  to  succwd  in  cjvilizinj;  a  people, 
it  u  jintt  iitxreasary  to  Ex  them,  which  cannot  bi-  donu  witb- 
out  inducing  them  to  cultivate  tho  soil  ;  the  Indians  ought 
in  tlie  firat  place  to  have  been  acfusttimi-*!  to  agrii-ulturr. 
But  not  only  arc  they  destitute  of  tliia  indixiicnsaUc  pre- 
liminary to  civilization,  —  they  would  evon  have  givat  dif- 
ficulty in  acquiring  it.  Alcn  who  have  once  ulmndoned 
tlicmM'lviis  U)  the  rustless  and  adventurous  life  of  the 
hunti^r  feel  an  inaurmouotablc  disgust  for  thu  constank  ■ 
ttiui  regular  lalwr  which  tillage  requires.  We  see  thb  I 
pruvi'd  oven  in  our  own  societies  ;  but  it  is  &jr  more 
visible  among  races  whose  partiality  for  tlie  chase  is  a  part 
of  tiieir  national  character. 

Independently  of  this  general  difficulty,  there  is  another, 
which  applies  peculiarly  to  tlie  Indians.  They  consider 
lahor  not  mei-efy  as  an  evil,  but  as  a  disgrace  ;  so  tliat  their 
pride  contends  against  civilization  as  obstinately  as  th«r 
indolence.* 

There  is  no  Indian  so  wretched  as  not  to  retain  under 
bis  hut  of  bark  a  lofty  idea  of  his  personal  worth  ;  he  con- 
siders the  cares  of  industry  as  degrading  occupations  ;  he 
compares  the  husbandman  to  the  ox  which  traces  the  fiir- 
row  ;  and  in  each  of  our  handicrafts,  he  can  see  only  the 
labor  of  slaves.  Not  that  he  is  devoid  of  admiration  for 
the  power  and  intellectual  greatness  of  the  whites  ;  but, 
although  the  result  of  our  efforts  surprises  him,  he  con- 

•  "  In  all  iho  iribea,"  sayi  Tolney,  in  hii  Tahleaa  da  Éiata-Unia,  (p. 
423,)  "tlicre  Btill  exists  a  g«iie»iion  of  old  wamon,  who  cannot  forbear, 
when  thej  lee  Iheir  coontiTiiien  using  tha  hoe,  &om  exdaiming  agaioct  Aa 
degradalian  of  ancient  muincn,  aod  asserting  that  the  aavagea  o««  tbek 
dacline  to  llieee  innovations  ;  adding,  that  they  have  only  to  ictnm  to  tbeil 
primitive  habits,  in  order  to  recover  tbeir  power  and  glory." 


I 


PHESENT  AND  FUTURE  COMHTION  07  THE  INDIASS.    441 

temns  the  means  by  which  we  obtain  it  ;  and  while  he 
acknowledges  our  ascendeacy,  he  still  believes  in  his  own 
superiority.  War  and  hunting  are  the  only  purauits  which 
appear  to  him  worthy  of  a  man.*  The  Indian,  in  the 
dreary  solitudes  of  his  woods,  cherishes  the  same  ideas; 
the  same  opinions,  as  the  noble  of  the  Middle  Ages  in  his 
castle  ;  and  he  only  needs  to  become  a  conqueror  to  com- 
plete the  resemblance.  Thus,  however  strange  it  may 
seem,  it  is  in  the  forests  of  the  New  World,  and  not 
amongst  the  Europeans  who  people  its  coasts,  that  the 
ancient  prejudices  of  Europe  still  exist. 

More  than  once,  in  the  course  of  this  work,  I  have 
endeavored  to  explain  the  prodigious  influence  which  the 
social  condition  appears  to  exercise  upon  the  laws  and 
the  manners  of  men  ;  and  I  beg  to  add  a  few  words  on 
the  same  subject. 

When  I  perceive  the  resemblance  which  exista  between 
the  political  institutions  of  our  ancestors,  the  Germans, 
and  the  wandering  tribes  of  North  America,  —  between 
the  customs  described  by  Tacitus,  and  those  of  which  I 
■  have  sometimes  been  a  witness,  —  I  cannot  help  thinking 
that  the  same  cause  has  bronght  abont  the  same  results  in 
both  hemispheres  ;  and  that,  in  the  midst  of  the  apparent 

■  The  rollowidg  d««ariptioD  occnn  in  an  official  docoment:  "Until  ■ 
yonng  man  has  bcca  engaged  «itb  an  eoemj,  and  has  poribnncd  aome  acta 
of  valor,  he  gains  no  comideration,  bat  u  regarded  nearly  a»  a  woman.  In 
their  great  iVBT-dBares,  all  the  warriors  in  sncccssion  itriko  the  post,  aa  it  la 
called,  and  recoanl  their  exploits.  On  these  occasions,  their  auditoi?  con- 
aiEts  or  the  kinAnen,  Triends,  and  comrades  of  the  nanslor.  The  profoDEid 
impression  which  his  disooone  produces  on  them  is  manifcated  bj  the  silent 
attention  it  receives,  and  bj  the  lond  shonts  which  liail  its  lermiaaciDn.  The 
yooDg  man  who  Snds  himself  at  sneb  a  meeting  without  anything  to  re- 
cooni  is  very  unhappy  ;  and  inatances  have  lonictiine*  occnrred  of  yoanf 
warriors,  whose  pasaiona  had  been  thus  inflamed,  quiltiag  the  war-dance 
snddcaly,  and  going  off  olooe  (o  seek  for  trophies  which  they  might  ezhlbll- 
«nd  adventoTEs  which  they  might  be  allowed  M  relata." 
19* 


442  DEMOCBACT  IN  AMEHIOA. 

diversity  of  liuman  atfdrs,  certain  primary  &cts  may  be 
di8covei"ed,  from  which  all  the  others  are  derived.  la 
what  nc  usually  call  the  German  institutions,  then,  I  am 
inclined  to  perceive  only  horburiati  hahiu,  and  the  o[>inioitâ 
of  savages  in  what  we  style  feudal  principles. 

However  strongly  the  vices  and  prejudices  of  the  North 
American  Indians  may  be  opposed  to  their  becoming  agri- 
culliiml  and  cinlizcd,  necessity  sometimes  drives  them  ta 
it.  Seienil  of  the  Southern  tribes,  considerably  numerous, 
and  amongst  others  the  Cherokecs  and  the  Creeks,*  found 
themselves,  as  it  were,  surrounded  by  Europeans,  who  had 
landed  on  the  shores  of  the  Atlantic,  and,  either  descend- 
ing the  Ohio,  or  proceeding  up  the  Mississippi,  arrived 
simultaneously  upon  their  borders.  These  tribes  had  not 
been  diii'en  from  place  to  place-,  like  their  Northern  breth- 
ren ;  but  they  had  been  gradually  shut  up  within  narrow 
limits,  like  game  driven  into  an  enclosure  before  die  hunts- 
men plunge  among  them.  The  Indians,  who  were  thus 
placed  between  civilization  and  deatli,  found  tiiemselves 
obliged  to  live  ignominiously  by  labor,  like  tlie  whites. 
They  took  to  agriculture,  and,  without  entirely  forsaking 
their  old  habits  or  manners,  sacrificed  only  as  much  as  was 
necessary  to  their  existence. 

The  Cherokces  went  furtlier  ;  they  created  a  written 

■  Tlicsc  nations  arc  now  ewallowcd  ap  m  the  States  of  Georgia,  Teone*- 
MO,  Alabama,  and  Mississippi.  Tbcra  were  formcilir  in  the  South  Tour 
great  nations  (rtinnonu  of  wliich  Blill  exist),  the  Choctawa,  the  Chickasam, 
the  Creeks,  and  iho  Cberokees.  The  rciDnaats  of  thcwi  four  nadont 
amounted  in  1830  to  about  7S,000  individuati.  It  is  computed  tluu  there 
ai«  now  remniiiing  in  tlie  irrrilory  occupied  or  cbutncd  by  the  Anglo-Amei- 
kao  Union  a>>out  300,000  Indians.  (Sec  "  Proceedings  of  the  Indian  Boanl 
in  tlie  CitT  of  Xcw  York.")  Tlic  official  documenig  «applied  lo  Congreu 
make  tbo  number  amount  to  313,130.  Ths  reader  who  is  cuiioiu  to  know 
the  names  and  numerical  «nength  of  all  the  tribes  which  inhabit  the  Anglo- 
Americoa  icrriiorf  should  cousult  the  docutnents  I  hare  just  rdcn«d  to. 
(legiekliTe  Document*,  SQth  Congress,  So.  UT,  pp.  M-lOfi.} 


PBESENT  AtO)  PUTUBE   CONDITION   OP  THE  INDIANS.    443 

language,  established  a  permanent  form  of  government, 
and,  as  eveiything  proceeds  rapidly  in  the  New  World, 
before  they  all  of  them  had  clothes,  they  set  up  a  news- 
paper.* 

The  development  of  European  habits  has  been  much 
accelerated  among  these  Indians  by  the  mixed  race  which 
has  sprung  up.f  Deriving  intelligence  from  the  fiither's 
side,  without  entirely  losing  the  savage  cnstoms  of  the 
mother,  the  half-blood  forms  the  natural  link  between 
(-ivili/Jition  and  barbarism.  Wherever  this  race  has  mul- 
tiplied, the  savage  state  has  become  modified,  and  a  great 
change  has  taken  place  in  the  manners  of  the  people.} 

*  1  brouglit  back  witli  me  lo  Franco  ono  dt  two  copies  of  thii  BiDgnlar 

t  See,  in  ilio  Hcport  of  tho  Committee  on  Indum  Al^ra,  31st  Congreis, 
No.  !!7,  p.  S3,  the  icamns  for  the  multiplicatioa  of  Indians  of  mixed  blood 
among  tlio  Clierokoc«.  The  priocipal  chugo  dates  from  the  War  of  Inâe- 
pendenco.  Moiij  Anglo-Amcricaiu  of  Georgia,  haring  taiea  the  side  of 
Bugland,  Kcre  obliged  to  iciroiit  among  Ilie  Indiana,  wlicic  they  married. 

I  Unhappily,  llie  mixed  race  hai  been  less  nnmcroiu  and  leas  influential 
in  North  America  than  in  (Uij  other  connlrj.  The  American  continent 
«a»  peopled  by  two  great  nations  of  Europe,  the  French  and  the  Englith. 
The  former  were  not  slow  in  connecting  themselves  with  tho  daoghtcrs  of 
the  natives  ;  bnt  there  was  an  nnfortunolc  offinit;  between  the  Indian  char- 
acter and  their  own  :  instead  of  giving  tho  laslcs  and  habits  of  civiUiod  Ufe 
to  the  savages,  tlic  French  too  oHec  grew  passionately  fond  of  Indian  life. 
Tliej  became  the  most  dangerous  inliabilanlH  of  the  desert,  and  won  the 
friendship  of  the  Inilian  hy  exaggerating  hia  vices  and  liis  virtues.  M.  de 
Renonville,  the  Governor  of  Canada,  wrote  Ihu»  to  Louis  XIV.  in  1685  i 
"  It  has  long  been  believed  that,  in  order  to  civilize  tho  savages,  wo  ought  to 
drew  tlicm  nearer  to  ds.  But  there  is  every  reason  to  suppose  we  liare  been 
coistaken.  Tbose  which  have  been  brought  into  contact  with  us  have  not  be- 
come French,  and  the  French  wlio  have  lived  among  (hem  are  changed  into 
•arages,  aflèctiog  to  dress  and  live  like  them,"  ("History  of  How  France," 
by  Charlcvoii,  Vol.  II.  p.  345.)  The  Engliahmon,  on  the  contrary,  con- 
tinning  obstinately  attached  to  the  customs  and  the  most  imignificant  bobiti 
of  his  forefathers,  has  lemained  in  tho  midst  of  the  Amcne»n  lolitndci  just 
what  ha  was  in  the  bosom  of  European  cities  ;  he  would  not  allow  of  any 
Gommonicatton  with  savages  whom  he  despised,  and  KV<i\à»^  'vi^  oz«  '<k» 


444  DEMOCBACÏ  IN   AlIEaiCA.  " 

The  success  of  the  Chen>kees  proves  that  tho  Indians 
are  capable  of  civilization,  but  it  dows  not  prove  that  thoy 
will  succeed  in  it.  This  difficulty  which  the  Indiunn  find 
in  siibmiltitig  to  civilïaitîoii  prfH^ewis  from  a  general  eaiiw, 
the  influence  of  which  it  is  ulmtiat  impossible  for  them  ta 
escape.  An  attentive  survey  of  history  demonstrates  that^ 
in  genenil,  barliarous  nations  have  raisetl  tliemst-lvcs  to 
civilization  by  di'greea,  and  by  their  own  efforts.  When- 
ever they  derived  knowledge  from  a  foreign  people,  they 
Stood  towards  them  in  the  relation  of  conquerors,  and  not 
of  a  conquered  nation.  When  the  conqnered  nation  is 
enlightened,  and  the  conquerors  are  half  savage,  as  in  the 
invasion  of  tlic  Roman  empire  by  liie  Northern  nations, 
or  that  of  China  by  the  Mongols,  the  power  which  victory 
bestows  upon  tlie  luirbarian  is  sufficient  lo  keep  np  his 
importance  among  civilized  men,  and  permit  him  to  rank 
as  their  equal  until  he  becomes  their  rival.  The  one  has 
might  on  his  side,  the  other  has  intelhgence  ;  the  former 
admires  the  knowledge  and  the  arts  of  the  conquered,  the 
latter  envies  the  power  of  tlie  conquerors.  The  barbarians 
at  length  admit  civilized  man  into  their  palaces,  and  he  in 
turn  opens  his  sclioob  to  the  barbarians.  But  when  the 
side  on  which  tho  physical  force  lies  also  possesses  an  intel- 
lectual superiority,  the  conquered  party  seldom  become 
civilized  ;  it  retreats,  or  is  destroyed.  It  may  therefore 
be  said,  in  a  general  way,  that  savages  go  forth  in  arms 
to  seek  knowledge,  but  do  not  receive  it  when  it  comes 
to  them. 

If  the  Indian  tribes  which  now  inhabit  the  heart  of  the 
continent  could  summon  up  energy  enough  to  attempt  to 
civilize  themselves,  they  might  possibly  succeed.  SupeTi<ff 
already  to   the  barbarous  nations  which   surround   them, 

Dnioo  of  faù  rKC  with  thoirg,     Thiu.  while  the  French  exercised  no  nlntaof 
Inflneiice  over  the  lodiuu,  the  Ecgliih  have  «Iwaji  icmainod  ■lien  fron 


PEESEST  AND   nJTUEE  OOSDITIOS  OF  THE  INDIANS.    446 

they  would  gradually  gain  strength  and  experience,  and 
when  the  Europeans  should  appear  upon  their  borders, 
they  would  be  in  a  state,  if  not  to  maintain  their  indepen- 
dence, at  least  to  assert  their  right  to  the  soil,  and  to 
incorporate  themselves  with  the  conquerors.  But  it  ia 
the  misfortune  of  Indians  to  be  brought  into  contact  with 
a  civilized  people,  who  are  also  (it  must  be  owned)  the 
most  grasping  nation  on  the  globe,  whilst  they  are  still 
semi-barbarian  ;  to  find  their  masters  in  their  instructors, 
and  to  receive  knowledge  and  oppression  at  once.  Living 
in  the  freedom  of  the  woods,  the  North  American  Indian 
was  destitute,  but  he  had  no  feeling  of  inferiority  towards 
any  one  ;  as  soon,  however,  as  he  desires  to  penetrate  into 
the  social  scale  of  the  whites,  he  can  only  take  the  lowest 
rank  in  society,  for  he  enters,  ignorant  and  poor,  within 
the  pale  of  science  and  wealth.  Afler  having  led  a  life 
of  agitation,  beset  with  evils  and  dangers,  but  at  the  same 
time  filled  with  proud  emotions,*  he  is  obliged  to  submit 

■  There  is  in  ihe  gdveittiirou»  lire  of  the  hoater  a  certain  irresistible 
charm,  irhich  seizes  the  hun  of  man,  and  ouiiea  h™  ans;  in  apiie  of  no- 
too  and  expericace.  This  is  plainly  shovn  by  the  "  Memoirs  of  Tanner." 
Tanner  wu  s  Enropcan  who  wob  carried  away  at  the  age  of  six  by  tlio  In- 
dians, and  remained  thirty  years  with  ihem  in  the  woods,  Notliinj;  ean  be 
tunceiïcd  mora  appalling  than  the  miBcrie»  which  bo  dogcribcs.  He  (ells  ua 
of  tribca  wiihont  a  chief,  bmilies  withoat  a  nation  lo  call  their  oim,  meo  in 
a  slate  of  isolation,  wrecks  of  powerful  tribes  wandering  at  random  amid  the 
ice  and  snow  and  desolate  solitudes  of  Canada.  Iluagcr  and  cold  pursoe 
them  ;  every  day  Ibcir  life  is  in  jeopardy.  Amongst  these  men,  manner* 
ha~e  lost  tlieir  empire,  traditions  arc  «rilhont  power.  They  bororae  more 
and  morn  savnjn''  Tanner  shared  in  all  the«e  miseries  ;  lie  was  aware  of 
his  Eiiro|>ean  origin  ;  he  was  not  kept  away  from  the  white*  by  force  ;  on 
the  contrary,  bo  came  every  year  to  trade  with  ihem,  entered  their  dwellings, 
and  wilnesscd  their  enjoyinents  ;  ho  knew  that  whenever  he  chose  lo  return  to 
civilixed  life,  he  was  perfectly  able  to  do  so,  —  and  he  remained  Diirty  years 
in  the  deserts.  When  he  carae  into  civiliiîe'i  society,  he  declared  that  tha 
ride  existence,  the  miseries  of  which  he  described,  had  a  secret  charm  for 
him  which  he  eould  not  define  :  he  ratnmed  to  it  again  and  again  ;  m  length 
he  abandoned  it  with  poignant  r^iet  ;  and  whea  be  ^laa  Ul  \»a^  %at& 


446  OEUOCBAOri! 

to  a  wearisome,  obsciirc,  and  degraded  stale.  To  gain  the 
bread  which  noarishes  him  \ty  hard  and  ignoble  labor,  — 
this  is  in  hia  eyea  the  only  result  of  which  civiJiitation  can 
boast  ;  and  even  this  lie  is  not  always  sure  to  obtain. 

Wlien  the  Indians  undertake  to  imitate  tlieir  European 
neighbors,  and  to  till  tin-  i-artb  like  ihem,  thoy  are  imme- 
diately exposed  to  a.  formidable  competition.  The  wliite 
man  is  skilled  in  the  craft  of  agriculture  ;  the  Indian  is  a 
rough  beginner  in  an  art  with  which  he  is  unacquainted. 
The  former  rcapa  abimdant  crops  without  difficulty,  the 
latter  meets  with  a  thousand  obstacles  in  raising  the  fruits 
of  the  earth, 

Tiie  European  ia  placed  amongst  a  population  whose 
wants  he  knows  and  partakes.  The  savage  is  isolated  in 
tiiu  ntiddt  of  a  hostile  people,  with  wliose  maiiuers,  lan- 
guage, and  laws  he  is  imperfectly  acquainted,  but  without 
whose  assistance  he  cannot  live.  He  can  only  procure  the 
materials  of  comfort  by  bartering  Ins  commodities  for  the 
goods  of  the  European,  for  the  assistance  of  his  country- 
men is  wholly  insufficient  to  supply  his  wants.  Thus, 
when  the  Indian  wishes  to  sell  the  produce  of  his  labor, 
he  cannot  always  find  a  purchaser,  whilst  the  European 
readily  obtains  a  market  ;  the  former  can  only  produce  at 
considerable  cost  what  the  latter  sells  at  a  low  rate.  Thus 
the  Indian  has  no  sooner  escaped  those  evils  to  which  bar- 
barous nations  are  exposed,  than  he  is  subjected  to  the  still 
greater  miseries  of  civilized  communities;  and  he  finds  it 
scarcely  less  difficult  to  live  in  the  midst  of  our  abundance, 
than  in  tlie  depth  of  his  own  forest. 

lUDODg  tho  wTJtcs,  several  of  hia  children  refused  to  share  bia  tTBaqail  and 
taay  eiiuatioa.  I  saw  Tanner  myself  at  the  lower  end  of  Lake  Siq>eiior  : 
he  Bcemed  to  mo  moro  like  a  savage  than  a  civilized  being.  Hi«  book 
a  written  without  either  taste  or  order  ;  bat  he  gives,  even  Doeoiucioaslf,  K 
Snty  picture  of  the  prejudices,  the  passions,  the  ricca,  and,  above  all,  llw 
deitinicion,  ia  the  nûâ«t  ol  v\ûc\i.\iB^f«&. 


^•-       > 


PHESENT   AND   FUTUBE  CONDITION   OF   THE  INDIANS.    447 

He  hna  not  yet  lost  the  habits  of  his  erratic  life  ;  the 
traditions  of  his  fathers  and  his  passion  for  the  chase  are 
still  alive  within  him.  The  wild  enjoyments  which  for- 
merly animated  him  in  the  woods  painfully  excite  his 
troubled  imagination  ;  the  privations  which  he  endured 
there  appear  less  keen,  his  former  perils  less  appalling. 
He  contrasts  the  independence  which  lie  possessed  amongst 
his  equals  with  the  servile  position  which  he  occupies  in 
civilized  society.  On  the  other  hand,  the  solitudes  which 
were  so  long  his  free  home  are  still  at  hand  ;  a  few  hours' 
march  will  bring  him  back  to  them  once  more.  The 
whites  otFer  him  a  sum,  which  seems  to  him  considerable, 
for  the  half-cleared  ground  whence  he  obtains  sustenance 
with  difficulty.  This  money  of  the  Europeans  may  possibly 
enable  him  to  live  a  happy  and  tranquil  life  far  away  from 
them  ;  and  he  qnits  the  plough,  resumes  Ins  native  arms, 
and  returns  to  the  wilderness  forever.*  .  The  condition  of 

*  This  iIcstmctÎTe  iaflncnco  of  highly  drilizcd  nations  npon  otlicra  nhich 
ant  teai  go,  tins  been  obscrrcd  lUDong  the  EoropconB  thcmsclvcB.  Aboal  k 
cenluiy  nj^,  the  French  founded  ihc  toim  of  Vinrcnncs  upon  the  Wnbuh, 
in  tho  middle  of  Iho  dcsm;  and  thev  lived  there  in  great  plenty,  nntil  the 
arriral  of  the  American  Eetllcn,  who  lim  ruined  tho  previous  inhaliitants  by 
their  competition,  and  aiïenvards  purchased  their  lands  at  a  very  low  rate. 
At  llic  time  n-bcn  M.  do  Volncy,  from  whom  1  borrow  thcM  details,  passed 
'through  Vincenne»,  Iho  number  of  the  French  was  rcdaecd  to  a  liundrod 
individuals,  most  of  whom  were  aboni  to  migrate  lo  Louisiana  or  to  Can- 
ada. Tliesa  Frcneh  settlers  were  worthy  people,  bat  idle  and  nninslructed  : 
they  liod  cootracied  many  of  the  Iiabits  of  savages.  Tho  Amcrieana.  who 
were  perhaps  their  inferiors  in  a  moral  point  of  ricw,  were  immeasurably 
superior  to  thera  in  intolliBonco  :  they  were  iuduslrious,  well  inforiped,  rich, 
and  atiustonted  to  govern  their  own  eommauity. 

I  mvBcIf  saw  in  Canada,  where  the  intellectual  difference  between  the  two 
races  is  less  striking,  that  tho  English  ore  the  luBsten  of  commerce  and  man- 
ufacture in  the  Canadian  country,  thai  they  spread  on  all  sides,  and  confine 
the  French  witliin  limits  whii'h  scarcely  snffice  to  contain  them.  In  like 
manner,  in  Louisiana,  almost  all  activity  iu  eommorce  and  manufacture  een- 
ties  in  tlie  hands  of  the  Anglo- Americoiu. 

But  the  case  of  Tobias  is  still  more  striking:  the  State  of  leubS/kk^AK 


448  DEMOCBACT  IN  AUEBIGA. 

the  Creeks  and  Cherokees,  to  which  I  have  afaready  alladed, 
sufficiently  corroborates  the  tmth  of  this  sad  picture. 

The  Indians,  in  the  little  which  iSiej  have  done,  have  un- 
questionably displayed  as  much  natural  genius  as  the  peo- 
ples of  Europe  in  their  greatest  undertakings  ;  but  nations 
as  well  as  men  require  time  to  learn,  whatever  may  be 
their  intelligence  and  their  zeal.  Whilst  the  savages  were 
endeavoring  to  civilize  themselves,  the  Europeans  contin- 
ued to  surround  them  on  every  side,  and  to  confine  them 
within  narrower  limits  ;  the  two  races  gradually  met,  and 
they  are  now  in  immediate  contact  with  each  other.  The 
Indian  is  already  superior  to  his  barbarous  parent,  but  he 
is  still  far  below  his  white  neighbor.  With  their  resour- 
ces and  acquired  knowledge,  the  Europeans  soon  appro- 
priated to  themselves  most  of  the  advantages  which  the 
natives  might  have  derived  from  the  possession  of  the  soil: 
they  have  settled  among  them,  have  purchased  land  at  a 
low  rate,  or  have  occupied  it  by  force,  and  the  Indians 
have  been  ruined  by  a  competition  which  they  had  not 
the  means  of  sustaining.  They  were  isolated  in  their  own 
country,  and  tlieir  race  only  constituted  a  little  colony  of 
troublesome  strangers  in  the  midst  of  a  nimierous  and 
dominant  people.* 

of  Mexico,  and  is  upon  the  frontier  between  that  countiy  and  the  United 
States.     In  the  course  of  tlie  last  few  years,  the  Anglo-Americans  have 
penetrated  into  this  province,  which  is  still  thmly  peopled  ;  they  purchase 
land,  they  produce  the  commodities  of  the  country,  and  supplant  the  origi- 
nal  population.     It  may  easily  be  foreseen,  that,  if  Mexico  takes  no  steps  to 
check  tliis  cliange,  the  province  of  Texas  will  very  shortly  cease  to  belong 
to  that  government. 

If  the  different  degrees  —  comparatively  slight  —  which  exist  in  Enio- 
pean  civilization  produce  results  of  such  magnitude,  it  is  easy  to  understand 
what  must  happen  when  the  most  perfect  European  civilization  comes  in 
contact  with  Indian  barbarism. 

*  See  in  the  Ixjp^islative  Documents  (21  st  Congress,  No.  89)  instances  of 
excesses  of  every  kind  committed  by  the  whites  upon  the  territory  of  tbe 
Indians,  either  in  taking  pouftSèioTi  ot  «^  ^^«x\i  qC  their  lands,  imtil  compelled 


PRESENT  AND  FUTURE   CONDITION   OF  THE   DJIHANS.    449 

Washington  said,  in  one  of  bis  messages  to  Congress, 
"We  are  more  enlightened  and  more  powerful  than  the 
Indian  nations  ;  ^ve  are  therefore  bound  in  honor  to  treat 
them  with  kindness,  and  even  with  generosity."  But  this 
virtuous  and  high-minded  policy  has  not  been  followed. 
The  rapacity  of  the  settlers  is  usually  backed  by  the 
tyranny  of  the  government.  Although  the  Cherokees 
and  the  Creeks  are  established  upon  territory  which  they 
mhabited  before  the  arrival  of  tbe  Europeans,  and  although 
the  Americans  have  frequently  treated  with  them  as  with 
foreign  nations,  the  surrounding  States  liave  not  been  will- 
ing to  acknowledge  them  as  an  independent  people,  and 
have  undertaken  to  subject  these  children  of  the  woods  to 
Anglo-American  magistrates,  laws,  and  customs,*  Desti- 
tution had  driven  these  unfortunate  Indians  to  civilization, 
and  oppression  now  drives  them  back  to  barbarism  :  many 

to  retire  by  the  troops  of  Congiees,  or  canTÎng  off  their  cattle,  burning  theii 
homes,  cullinj^  âuwn  tticir  com,  &nd  doing  Tiolencc  to  thcii  persons. 

Tho  Union  liiu  a  rpprcseatatiTe  agent  continually  employed  10  nside 
among  the  Indians  ;  nnd  the  report  of  the  Cherokee  agent,  wliich  is  among 
the  docDmcnta  I  have  rcFcrrcd  to,  is  almost  alwBp  bvomblc  to  the  Indians. 
"The  intrasion  of  «■likes,"  he  says,  "npon  the  lands  of  the  Cherokees  will 
csDSe  ruin  to  tha  poor,  helpless,  and  iooffi^nsiye  inhabitanta."  And  he  far- 
ther remarks  upon  the  attempt  of  the  State  of  Georgia  to  establish  ■  boun- 
du7  tiue  for  the  country  of  (he  Cherokees,  that  tho  line,  having  been  made 
by  the  whiles  alone,  and  entirely  upon  er  parte  evidence  of  tlieir  sereral 
righta,  was  of  no  validity  vhatevei. 

•  Id  1 8Ï9,  tho  State  of  Alabama  divided  the  Credi  territory  iuio  eountici, 
and  subjected  the  Indian  population  lo  Enrapean  magistrates. 

In  1830,  (he  State  of  Mississtp;»  astimllatcd  the  Choctaws  and  Chicka- 
sawi  to  the  while  population,  and  declared  that  any  of  them  who  shoiUd  . 
take  the  tide  of  chief  should  be  punjahed  by  a  fine  of  1 ,000  dollars  and 
a  year's  imprisoument.  When  these  laws  were  announced  to  the  Choc- 
tawi,  wlio  inhabited  that  district,  the  tribe  assembled,  their  chief  comma- 
nicated  to  them  the  intentions  of  the  whites,  and.  read  to  them  some  of 
the  laws  to  which  it  was  intended  that  they  should  submit]  and  they 
munimonslj  declared  that  it  was  better  at  once  to  retreat  again  Into  tba 


I 


4M  OKMfK-RACY  IM   AMKKICA. 

vf  ilwm  «Wndfmi  tW  soil  which  they  had  be^un  to  dear, 
«nvt  ivtnm  lt>  the  habits  of  savage  life. 

If  <Kv  cou»il<-T  the  trraimka!  mf^astires  "ivhich  have  been 
«lu(>tMt  br  th^  IvfpsUtttrca  of  the  Southern  States,  the  coH' 
tliftct  at'  iknr  (lOTvnKKs,  and  the  decrees  of  their  courts  of 
jartK'Tt  w«  skall  W  coaTÎnccd  that  the  entire  espulaion  of 
^  IttdMBB  »  tlw  GmI  nwnli  to  which  all  the  efforts  of  their 
Holtc^  M«  iBuilnl  The  AmrricoDs  of  that  part  of  the 
INmw  ImIe  with  JMkwuy  upon  the  bndâ  which  tlie  natives 
MM  |utincflt  ;*  tbe^ve  aware  that  tbvse  tribes  have  not  yet 
^  A*  tm£tàoa*  of  «rage  life,  and  before  civ-ilization  has 
f  fixed  them  to  the  soil,  it  is  intended  to  force 
R  t«  dejMTt  by  mlactng  ihem  to  de^tr.  The  Creeks 
»m\  C^tfraktv*,  ojipre*s«I  by  the  several  States,  have  ap- 
)N>*k>l  to  (lie  ci-ntnil  yuvtrnment,  which  is  by  no  means 
HWi'Dsible  to  their  misfortunes,  and  is  ^ncerely  desirous 
dil'  saving  the  remnant  of  the  natives,  and  of  maintaining 
titcm  in  the  free  possession  of  that  territory  which  the 
Vnion  has  guaranteed  to  ttiem.f  But  the  several  States 
opjvose  so  formidable  a  resistance  to  the  execution  of  this 
<iosign,  that  the  government  is  obliged  to  consent  to  the  ex- 
tiqiation  of  a  few  barbarous  tribes,  already  half  destroyed, 
in  onler  not  to  endanger  the  safety  of  the  American  Union. 

But  the  Federal  government,  which  is  not  able  to  pro- 
tect the  Indians,  would  fain  mitigate  the  hardships  of  their 
lot  ;  and,  with  this  intention,  it  has  undertaken  to  trans- 
port them  into  remote  regions  at  the  public  cost. 

■  The  Georgians,  who  tie  >a  much  troubled  b;  tbo  proiimit/  of  the  In- 
diuu,  inliabit  a  lerritor;  which  does  not  at  present  contain  more  tbon  sevm 
iababiCBDts  to  the  aqoare  mile.  In  France,  there  are  one  hundred  and  dxtj- 
two  inhabitants  to  the  satnE  extent  of  country. 

t  In  1818,  Conpv«s  appointed  rummisaionen  to  visit  the  Arkansas  t>r- 
ritory,  acrotnpaDied  by  a  deputation  of  Creeks,  Choctawa,  and  Chickasaw*. 
This  expedition  was  commanded  by  Messrs.  Kenncrly ,  M'Coj,  Wash  Hood, 
■Dd  John  Bell.  Sec  the  ditfcrcnt  Reports  of  tlic  ComioiBSiODcrs,  and  tbeir 
■jotaiui,  JD  the  DocQtntnn  of  Coagccss.  I4a.  87,  Home  of  RepreseiilBtiTM. 


AKD  FUTURE  COKDITIO!!  OF  TEE  INDIANS.    461 

Between  the  33d  and  37th  degrees  of  north  latitude,  a 
vast  tract  of  country  lies,  which  has  taken  the  name  of 
Arkansas,  froiu  the  principal  river  that  waters  it.  It  is 
bounded  on  the  one  side  by  the  confines  of  Mexico,  on  the 
other  by  the  Mississippi.  Numberless  streams  cross  it  in 
every  direction  ;  the  climate  is  mild,  and  the  soil  produc- 
tive, and  it  is  inhabited  only  by  a  few  wandering  hordes 
of  sav^ages.  The  government  of  the  Union  wishes  to 
transport  the  broken  remnants  of  the  indigenous  popula- 
tion of  the  South  to  the  portion  of  this  country  which 
is  nearest  to  Mexico,  and  at  a  great  distance  from  the 
American  settlements. 

We  were  assured,  towards  the  end  of  the  year  1831, 
that  10,000  Indians  had  already  gone  to  the  shores  of  the 
Arkansas,  and  iresh  detachments  were  constantly  follow- 
ing them.  But  Congress  has  been  unable  to  create  a  unan- 
imous determination  in  those  whom  it  is  disposed  to  protect. 
Some,  indeed,  joyfully  consent  to  quit  the  seat  of  oppres- 
sion ;  but  the  most  enlightened  members  of  the  community 
refiise  to  abandon  their  recent  dwellings  and  their  spring- 
ing crops  ;  they  are  of  opinion  that  the  work  of  civiliza- 
tion, once  interrupted,  will  never  be  resumed  ;  they  fear 
that  those  domestic  liabits  which  have  been  so  recently 
contracted  may  be  irrevocably  lost  in  the  midst  of  a  coun- 
try which  is  still  barbarous,  and  where  nothing  is  prepared 
for  the  subsistence  of  an  agricultural  people  ;  they  know 
that  their  entrance  into  those  wilds  will  be  opposed  by 
hostile  hordes,  an<l  that  they  have  lost  the  energy  of  bar- 
barians, without  having  yet  acquired  the  resources  of  civ- 
ilization to 'resist  tlieir  attacks.  Moreover,  the  Indians 
readily  discover  that  the  settlement  which  is  proposed  to 
them  is  merely  temporary.  Who  can  assure  them  that 
they  will  at  length  be  allowed  to  dwell  in  peace  in  their 
new  retreat?  The  United  States  pledge  themselvefl  to 
maintain  them  there;  but  the  territory  which  thc^  tus^ 


452  DEUOCBACT   IN  AIUJEICA. 

occupy  was  formerly  secured  to  them  by  the  moat  solemn 
oatJis.'  The  American  government  does  not.  indeed  now 
rob  them  of  their  lauds,  but  it  allows  perpetual  encroach- 
ments on  tliem.  In  a  few  years,  the  same  wliitt»  popula- 
tion nliich  now  flocks  arotind  them  will  doubtless  track 
them  anew  to  tlie  Bolitudes  of  tha  Arknnsas  ;  they  will 
then  be  exposed  to  Uie  same  evils,  without  tlie  same  reme- 
dies ;  and  as  the  limits  of  the  earth  will  at  last  fail  them, 
their  only  refuge  is  the  grave, 

Tlic  Union  treats  the  Indians  with  less  cupidity  and 
violence  than  ttie  several  States,  but  the  two  governments 
are  alike  deficient  in  good  faith.  The  States  extend  what 
they  call  the  benefits  of  their  laws  to  the  Indians,  believ- 
ing that  the  tribes  will  recede  rather  than  submit  to  them  ; 
and  the  central  government,  which  promises  a  permanent 
refuge  to  these  unhappy  beings  in  the  West,  îs  well  aware 
of  its  inability  to  secure  it  to  them.f     Thus  the  tyranny 

■  The  fifth  article  of  ihe  ircaty  made  with  iho  Crccka  in  August,  1790,  it 
in  the  following  wonla  :  "Tho  Cniced  Statci  solcmnty  gnnranlM:  to  the 
Oreck  nation  all  their  lanil  within  tho  limits  of  the  United  Sintcs." 

The  seventh  article  of  the  treaty  coneluded  in  1791  with  tho  Chcrokeei 
'  mje  :  "  Tlie  United  State»  eoiemnly  guarantco  to  tlie  Cherokee  nation  all 
flicir  lands  not  hereby  ceded."  The  foUowitig  article  declared  that,  if  any 
eitizcii  of  the  United  States,  or  otlier  Butller  not  of  the  Indian  race,  shonld 
CHtahlish  himself  upon  the  lerricory  of  the  Cherokecs,  the  United  States 
woDld  wnihdraw  their  proteetion  iVom  that  iodiridual,  and  give  him  up  to  be 
panisbeil  as  the  Clicrokee  nation  shonld  think  fit. 

t  This  ilocs  not  prevent  them  from  promising  in  the  most  solemn  maoner 
to  do  so.  See  tho  letter  of  tho  President  addressed  to  the  Creek  Indians, 
aad  Miireh,  1829.  "Beyond  the  greal  river  Misaissijipi,  where  a  part  of 
your  nation  has  gone,  yonr  fiithcr  has  provided  a  eonnlry  large  enough  for 
all  of  you,  and  he  advise*  you  to  remove  to  it.  There  your  while  brother» 
will  not  trouble  yon  ;  lliey  will  have  no  claim  to  the  land,  and  you  can  lira 
upon  it,  you  and  all  your  children,  as  long  as  the  grass  grows,  or  tho  water 
rung,  in  peace  and  plenty.      It  will  be  ^ars  firaxr." 

The  Sccrctaij  of  War,  in  a  letter  written  to  the  Cherokecs,  April  18th, 
1829,  doclaics  to  them  thu  they  e&unot  expect  to  rctaio  possession  of  tha 


PBESENT  AND  rOTUBE  COHDITIOH  0?  THE  INDIANS.    468 

of  the  States  obliges  the  savages  to  retire;  the  Union,  by 
its  promises  and  resources,  £icilitates  their  retreat  ;  and 
these  measures  tend  to  precisely  the  same  end.* 

"  By  the  will  of  our  Father  in  Heaven,  the  Gov- 
ernor of  the  whole  world,"  said  the  Cherokees,  in  their 
petition  to  CongresSit  "  the  red  man  of  America  has 
become  small,  and  the  white  man  great  and  renowned. 
When  the  ancestors  of  the  people  of  tliese  United  Stat« 
first  came  to  the  shores  of  America,  they  found  the  red 
man  strong  :  though  he  was  ignorant  and  savage,  yet  he 
received  them  kindly,  and  gave  them  dry  land  to  rest 
their  weary  feet.  They  met  in  peace,  and  shook  hands 
in  token  of  friendship.  Whatever  the  white  man  wanted 
and  asked  of  the  Indian,  the  latter  willingly  gave.  At 
that  time,  the  Indian  was  the  lord,  and  tlie  white  man 
the  suppliant.  But  now  the  scene  has  changed.  The 
strength  of  the  red  man  has  become  weakness.  As  bis 
neighbors  increased  in  numbers,  his  power  became  less 
and  less  ;  and  now,  of  the  many  and  powerful  tribes  who 
once  covered  these  United  States,  only  a  few  are  to  be 
seen,  —  a  few  whom  a  sweeping  pestilence  has  left.  The 
Northern  tribes,  who  were  once  so  numerous  and  pow- 
erful, are  now  nearly  extinct.     Thus  it  has  happened  to 

l«nd«  at  that  lime  occupied  by  tbem,  but  givw  thera  the  moei  poaitive  lusnr- 
ancB  of  nnintciTuptod  peace  if  they  would  remove  beyond  the  Miesissippi  : 
ta  if  tlic  power  which  could  not  graot  them  protectiOD  then,  would  be  Bbl* 
to  afford  it  them  liercoftcr  t 

■  To  oblain  a  correct  idea  of.  the  policy  pnraned  by  the  KTeral  Statu  aod 
the  Union  with  roipect  to  Che  Indiaui,  it  is  ueceasaij  to  consnlt,  —  lat.  "  The 
Lawa  of  the  Colonial  and  Stale  GoreniinenCs  relating  lo  the  Indian  Inhab- 
itants." (Soe  the  Lcgislalivo  Docnnient»,  21M  Congtes»,  No.  319.)  Sd. 
"The  I«we  of  the  Union  on  the  same  «abject,  and  cspocinlly  ttiat  of  March 
30th.  1802."  (Seo  Slor/a  "Iaws  of  the  United  Stslca.")  3d.  "The 
Beport  of  Mr.  Cass,  Secrelaij  of  War,  relative  to  Indian  Attira,  NoTembei 
aSth,  IS23." 

t  December  ISCh,  1829. 


•454  DEMOCRACT  IS   AMEBICA. 


^ 


tlie  rod  man  of  America.      Shall  we,  who  are 
sliare  (he  same  Tate  ? 

"  The  laiid  on  which  we  ataiwl  we  liave  received  as  an 
inheritance  from  our  fathers,  who  possessed  it  £rom  tinae 
immemorial,  aa  a  gift  from  our  common  Father  in  Heaven. 
They  bequeatlicd  it  to  us  as  tlieir  children,  and  we  liave 
flacrt^dly  kept  it,  as  containing  the  remains  of  our  beloved 
men.  This  right  of  inhcritauce  we  have  never  ceded,  nor 
ever  forfeited.  Permit  us  to  ask,  wliat  better  right  can  the 
people  have  to  a  country  than  the  right  of  inheritance  and 
immemorial  peaceable  possession  ?  We  know  it  is  said 
of  late  by  the  State  of  Georgia  and  by  the  Executive  of 
the  United  States,  that  we  bave  forfeited  tliis  right;  but 
we  tliiiik  this  is  said  gratuitously.  At  whiit  time  have  %ve 
made  the  forfeit?  What  great  crime  have  we  committed, 
whereby  we  must  forever  be  divested  of  our  country  and 
rights?  Was  it  when  we  were  hostile  to  the  United 
States,  and  took  part  with  the  king  of  Great  Britain, 
during  the  struggle  for  independence?  If  so,  why  was 
not  this  forfeiture  declared  in  tlie  first  treaty  of  peace 
between  the  United  States  and  our  beloved  men  ?  Why 
was  not  such  an  article  as  the  following  inserted  in  the 
treaty  :  '  The  United  States  give  peace  to  the  Cherokees, 
but,  for  the  part  they  took  in  the  late  war,  declare  them 
to  be  but  tenants  at  will,  to  be  removed  when  the  conven- 
ience of  the  States  within  whose  chartered  limits  they  live 
shall  require  it'?  That  was  tlie  proper  time  to  assume 
such  a  possession.  But  it  was  not  thought  of;  nor  would 
our  forefathers  have  agreed  to  any  treaty  whose  tendency 
wai  to  deprive  them  of  their  rights  and  tlieir  country." 

Such  is  the  language  of  the  Indians  ;  what  they  say 
is  true  ;  what  they  foresee  seems  inevitable.  From  which- 
ever side  we  consider  the  destinies  of  the  aborigines  of 
North  America,  their  calamities  appear  irremediable  :  if 
they  continue  batWovB,  tW^  axa  forced  to  retire  ;  if  they 


FBESENT  AND  PVTtmE  CONDITION  OF  TBE  INDIANS.    455 

attempt  to  civilize  themselves,  the  contact  of  a  more  civ- 
ilized community  subjects  them  to  oppression  and  destitu- 
tion. They  perisii  if  they  continue  to  wander  from  waste 
to  waste,  and  if  they  attempt  to  settle,  they  still  must  per- 
ish.  The  assistance  of  Europeans  is  necessary  to  instruct 
them,  but  the  approach  of  Europeans  corrupts  and  repels 
them  into  savage  life.  They  reiuae  to  change  their  habits 
as  long  as  their  solitudes  are  their  own,  and  it  is  too 
late  to  change  them  when  at  last  they  are  constrained 
to  submit. 

The  Spaniards  pursued  tlie  Indians  with  blood-hounds, 
like  wild  beasts  ;  they  sacked  the  New  World  Uke  a  city 
taken  by  storm,  with  no  discernment  or  compassion  ;  but 
destruction  must  cease  at  last,  and  frenzy  has  a  limit: 
the  remnant  of  the  Indian  population  which  had  escaped 
the  massacre  mixed  with  its  conquerors,  and  adopted  in  the 
end  theh*  religion  and  th«r  manners.*  The  conduct  of 
the  Americans  of  the  United  States  towards  the  aborigines 
is  characterized,  on  the  other  hand,  by  a  singular  attach- 
ment to  the  formalities  of  law.  Provided  that  the  Indians 
retain  their  barbarous  condition,  the  Americans  take  no 
part  in  their  affairs  ;  they  treat  them  as  independent 
nations,  and  do  not  possess  themselves  of  their  hunting- 
grounds  witliout  a  treaty  of  purchase  ;  and  if  an  Indian 
nation  happen  to  be  so  encroached  upon  as  to  be  unable 
to  sulsist  upon  their  territory,  they  kindly  take  them  by 
the  hand  and  transport  them  to  a  grave  far  from  the  land 
of  their  fethers. 

The  Spaniards  were  unable  to  exterminate  the  Indian 
race  by  those  unparalleled  atrocities  which  brand  them 
with  indelible  shame,  nor  did  they  even  succeed  in  wholly 

*  The  honor  of  this  ivsnlt  U,  howBTer,  bj  no  meani  doe  tu  the  Sp&niwb. 
IT  ihe  Indian  Iribcs  hod  not  been  tiUera  of  the  ground  *t  the  tune  of  the 
arriral  of  the  Eoropcans,  the;  wonid  nnqnectioiiablj  hire  been  deitiOTed  ÎD 
Soath  u  well  as  in  North  Amerio. 


456  DEllOCRACY   IN   AMEBICA. 

depriving  it  of  its  riglits  ;  but  the  Americans  of  llie  United 
States  hnve  accomplished  this  twofold  purjiose  wîtb  singu- 
lar fflicity,  tranquilly,  legally,  philaniliropicall)',  withoat 
shedding  hlood,  and  without  violating  a  single  great  prin- 
ciple of  morality  in  the  eyes  of  the  world.*  It  is  impoa- 
tihle  to  destroy  men  with  more  nspect  for  the  laws  ttf 
humanity. 


srruATioN    OF   the    black   population   in   the   united 

STATE9,      AND      DANGERS     WITH     VmiCH      ITS     PRESENCE 
TUKEATENa    THE    WRITE8. 

Wliy  it  19  mora  difficult  lo  abolish  Sluvcrj,  and  to  rfTucu  all  Vtsiigcf  of  il 
Hraongst  ihc  MuJctds,  than  il  was  araonpst  ttie  AdfioiiU,  —  In  iht  Uuiied 
States,  the  rrejadiccs  of  the  Whites  Eigaiiut  the  Blscks  H«n  to  increaae 
in  Proportion  aa  Slaverj  is  abolished.  —  Situation  of  the  Negroes  in  As 
NortherD  and  Southern  Stales.  —  Why  the  Americans  abolish  Slateij. 
—  Senritadc,  which  debases  the  Slave,  impoverishes  the  Maatet.  —  Con- 
trast between  the  left  and  the  right  Bank  of  the  Ohio.  —  To  what  at- 
tributable. —  The  Black  Rare,  as  well'  as  SlsTerj,  recedes  towards  the 
South.  —  Explanation  of  this  Fact.  —  Difficnlljcs  attendant  upon  tba 
Abolition  of  Slavery  io  the  Sooth.  —  Dangers  lo  come.  —  General  Anx- 
iety. —  Foundation  of  a  Blaek  Colony  in  Airica.  —  Why  the  Americans 
of  the  Sonth  iuerease  the  Hardships  of  Slavery,  whilst  they  are  ilii  liin»il 
at  its  Continuance. 

The  Indians  will  perish  in  the  same  isolated  condition  in 
which  they  have  lived  ;  but  the  destiny  of  the  Negroes  is 
in  some  measure  interwoven  with  that  of  the  Europeans. 

*  See,  amongst  other  documents,  the  Report  made  by  Mr.  Bell  in  the 
name  of  the  Committee  on  Indian  A^n,  February  S4th,  IS30,  in  which  it 
is  most  logically  csiablished,  and  moat  learnedly  proved,  that  "the  (iinda- 
mental  principle,  that  the  Indians  had  no  right,  hy  i-irtne  of  their  aodent 
possession,  either  of  soil  or  sovereignty,  has  never  been  abandoned  either  ex- 
fnm\j  or  by  implication." 

In  perusing  this  Report,  which  is  evidently  drawn  up  by  a  tkilfiil  hand. 


PKESENT  AND  FUTUBE  COHDmOK  OF  THE  KEGROES.  457 

These  two  races  are  listened  to  each  other  without  inteiv 
mingling  ;  and  they  are  alike  unable  to  separate  entirely  or 
to  combine.  The  most  formidable  of  all  the  ilb  which 
threaten  the  future  of  the  Union  arises  from  the  presence 
of  a  black  population  upon  its  territory  ;  and  in  contem- 
plating the  cause  of  the  present  emban-assments,  or  the 
ftiture  dangers  of  the  United  States,  the  observer  is  inva- 
riably led  to  tliis  as  a  primary  fiict. 

Generally  speaking,  men  must  make  great  and  unceasing 
efforts  before  permanent  evils  are  created  ;  but  there  is  one 
calamity  which  penetrated  furtively  into  the  world,  and 
wliich  was  at  first  scarcely  distinguishable  amidst  the  ordi- 
nary abuses  of  power  ;  it  ori^nated  with  an  individual 
whose  name  iiistory  has  not  preserved  ;  it  was  wafted  like 
some  accursed  germ  upon  a  portion  of  the  soil  ;  but  it 
aflerwards  nurtured  itself,  grew  without  effort,  and  spread 
naturally  with  the  society  to  which  it  belonged.  This 
calamity  is  slavery.  Christianity  suppressed  slavery,  but 
the  Cliristians  of  the  sixteenth  century  re-established  it,  — ■ 
as  an  exception,  indeed,  to  their  social  system,  and  restrict- 
ed )o  one  of  the  races  of  mankind  ;  but  the  wonnd  thus 
inflicted  upon  humanity,  though  less  extensive,  was  fiir 
more  difficult  of  cure. 

It  is  important  to  make  an  accurate  distinction  between 
slavery  itself  and  it^  consequences.  The  immediate  evils 
produced  by  slavery  were  very  nearly  the  same  in  antiqui- 
ty as  they  are  amongst  the  modems  ;  but  the  consequencee 
of  these  evils  were  different.  The  slave,  amongst  the 
ancients,  belonged  to  the  same  race  as  his  master,  and 

one  is  utooiihcd  at  tho  tadlitj  with  vhich  tha  author  gets  rid  of  all  azga.' 
menli  founded  upon  leuon  nnd  oaianit  right,  which  he  designates  as  ab- 
ttiBCt  and  theoretical  principle!.  The  mora  I  contcmplatâ  tb«  diObrenca 
between  ciriliicd  and  DQciriliied  mm  with  tegard  lo  the  principle*  of  jna- 
tice,  tho  more  I  observe  tltal  tbe  former  conteMs  tbe  Ibandaljoa  of  thOM 
lighti,  which  the  latter  simpljr  rioUUf. 
30 


'468  DEHOCBACY  IN  AUEBIOA. 

WW  often  the  superior  of  the  two  in  edncation  *  and  intd> 
ligence.  Freedom  was-  the  only  distinction  between  them  ; 
and  when  freedom  was  conferred,  Ûiej  were  easily  con- 
founded together.  The  ancients,  then,  had  a  very  simjde 
means  of  ridding  themselves  of  slavery  and  its  cons^ 
quences,  —  that  of  enfranchisement  ;  and  they  succeeded 
BS  soon  as  tliey  adopted  this  measjire  generally.  Not  hot 
that,  in  ancient  states,  the  vestiges  of  servitude  subsisted 
for  some  time  after  servitude  itself  was.  abolished.  Then 
is  a  natural  prejudice  which  prompts  men  to  despise  wh<m- 
soever  has  been  th^r  interior  long  after  he  is  become  their 
equal  ;  and  the  real  inequality  which  is  produced  by  for- 
tune or  by  law  is  always  succeeded  by  an  imaginary  in- 
equality which  is  implanted  in  the  manners  of  the  people. 
But,  among  tlie  ancients,  this  secondary  consequence  of 
slavery  had  a  natural  limit  ;  for  the  freedman  bore  so  en- 
tire a  resemblance  to  those  bom  free,  tliat  it  soon  became 
impossible  to  distinguish  lihn  from  them. 

The  greatest  difficulty  in  antiquity  was  that  of  altering 
the  law  ;  amongst  the  modems,  it  is  that  of  altering  the 
manners  ;  and,  as  far  as  we  arc  concerned,  the  real  obsta- 
cles begin  where  tliose  of  the  ancients  left  oif.  This  arises 
from  tbe  circumstance  that,  amongst  the  modems,  the  ab- 
stract and  transiont  foct  of  slaveiy  is  &tally  united  with 
the  physical  and  permanent  fact  of  color.  The  tradition 
of  slavery  dishonors  tlie  race,  and  the  pecidiarity  of  the 
race  por|)ctuates  the  tradition  of  slavery.  No  African  has 
ever  vohnitarijy  emigrated  to  the  shores  of  the  New  World, 
whence  it  follows  that  all  the  blacks  who  are  now  found 
there  are  either  slaves  or  freedmcn.  Thus  the  Negro 
transmits  the  eternal  mark  of  his  ignominy  to  all  his  de- 

•  It  is  well  known  that  ecTCral  of  tho  mon  distinguished  anihon  ot  an- 
liquify,  anJ  amorij.'el  llicra  ,^op  and  Terence,  were,  or  hBd  been,  slaw». 
SUtcs  were  not  always  token  from  bnrbarotu  nalioru  ;  iho  chauecs  of  war 
lednccd  highly  civitoà  mon  Wt  wniwdo. 


FBE5ENT  AND   FUTUSE  CONDITION  OP  THE  MEGBOES.    469 

Bcendants  ;  and  although  the  law  may  abolish  slaveiy,  Ood 
ftlone  can  obliterate  the  traces  of  its  existence. 

The  modern  slave  differs  from  his  master  not  only  in  bis 
condition,  but  in  his  origin.  You  may  set  the  Negro  free, 
but  you  cannot  make  him  otherwise  than  an  alien  to  the 
European.  Nor  is  this  all  ;  we  scarcely  acknowledge  the 
common  features  of  humanity  in  this  stranger  whom  slav- 
ery has  brought  amongst  us.  His  physiognomy  is  to  our 
eyes  liideous,  his  understanding  weak,  his  tastes  low  ;  and 
we  are  almost  inclined  to  look  upon  him  as  a  being  inter- 
mediate between  man  and  tlie  brutes,*  The  modems, 
then,  after  they  have  abolished  slavery,  have  three  preju- 
dices to  contend  agidnst,  which  arc  less  easy  to  attack,  and 
fiir  less  easy  to  conquer,  than  tlie  mere  fact  of  servitude, 
—  the  prejudice  of  the  master,  the  prejudice  of  the  mce, 
and  the  prejudice  of  color. 

It  is  difficult  for  us,  who  have  had  the  good  fortune  to 
be  bom  amongst  men  like  ourselves  by  nature,  and  our 
equals  by  law,  to  conceive  the  iireconcilable  differences 
which  separate  the  Negro  from  the  European  in  America. 
But  we  may  derive  some  faint  notion  of  them  from  anal- 
ogy. France  was  formerly  a  country  in  which  numerous 
inequalities  existed,  that  had  been  created  by  law.  Noth- 
ing can  be  more  fictitious  than  a  purely  legal  inferiority,  — 
nothing  more  contraiy  to  the  instinct  of  mankind  than 
these  permanent  divisions  established  between  beings  evi- 
dently similar.  Yet  these  di\'isions  subsisted  for  ages  ; 
they  still  subsist  in  many  places  ;  and  everywhere  they 
have  left  imaginary  vestiges,  which  time  alone  can  eflace. 
If  it  be  BO  difficult  to  root  out  an  inequality  which  ori^- 
nates  solely  in  the  law,  how  are  those  distinctions  to  be 
destroyed  which  .seem  to  be  based  upon  the  immutable 

*  To  induce  the  irhiies  lo  abandon  tho  opinion  thej  hare  conceiTed  oTtha 
moral  and  intellectual  inferioritj  of  their  former  ilavei,  the  Vegmiil  miut 
ehaDga  ;  but  at  long  a»  tbig  opiuioD  «ub^ti,  thej  cuuuA  dos^ 


460  DEUOCKACT   K  AHESICX 

laws  of  Nature  herself?  When  I  reraembep  the  extreme 
difficulty  with  which  aristocratic  bodies,  of  whatever  us^ 
turc  they  may  be,  are  pommingled  with  tlie  mass  of  the 
people,  and  the  exceeding  care  which  they  fake  to  preserve 
fur  ages  tlie  ideal  boundaries  of  their  caste  inviolate,  I  de- 
spair of  seeing  an  aristocracy  disappear  which  is  founded 
u])on  visible  aud  indelible  signs.  Those  who  hope  that  the 
Eui-opt'ans  will  ever  be  amalgamated  witb  the  Negroee 
appear  to  me  to  delude  themselves  :  I  am  not  li-d  to  any 
such  conclusion  by  my  reason,  or  by  the  evidence  of  &cts. 
Hiiberto,  wherever  the  whites  have  been  the  most  power- 
ful, tliey  have  held  the  blacks  in  degi'adation  or  in  slavery  ; 
wherever  the  Negroes  have  been  strongest,  they  Iiave  de- 
stroyed tlie  whites  :  tliis  has  been  the  only  balance  which 
has  ever  taken  place  between  the  iwo  races. 

I  see  that,  in  a  certain  portion  of  the  territory  of  the 
United  States,  at  the  present  day,  the  legal  barrier  which 
separated  the  two  races  is  felling  away,  but  not  that  which 
exists  in  the  manners  of  the  country  ;  slavery  recedes,  but 
the  prejudice  to  which  it  has  given  birth  is  immovable. 
Whoever  has  inhabited  the  United  States  must  have  per- 
ceived, that,  in  those  parts  of  the  Union  in  which  the 
Negroes  are  no  longer  slaves,  they  have  in  no  wise  drawn 
nearer  to  the  whites.  On  the  contrary,  the  prejudice  of 
race  appears  to  be  stronger  in  the  States  which  have  abol- 
ished slavery,  than  in  those  where  it  still  exists  ;  and  no- 
where is  it  so  intolerant  as  In  those  States  where  servitude 
has  never  been  known- 
It  is  true,  that  in  the  North  of  the  Union  marriages  may 
he  legally  contracted  between  Negroes  and  whites  ;  but 
public  opinion  would  stigmatize  as  iniiunous  a  man  who 
should  connect  himself  with  a  Negress,  and  it  would  be 
difficult  to  cite  a  single  instance  of  sucli  a  union.  The 
electoral  franchise  has  been  conferred  upon  the  Negroes  in 
almost  all  the  States  in  which  slavery  has  been  abolished  ; 


PBESENT  AND  FUTUBE  CONDITION  OF  THE  NEGB0E3.  461 

but  if  they  come  forward  to  vote,  their  live»  are  in  danger. 
If  oppressed,  they  may  bring  an  action  at  law,  but  they 
will  find  none  but  whites  amongst  their  judges  ;  and  al- 
thougli  tliey  may  legally  serve  as  jurors,  prejudice  repeb 
them  from  that  office.  The  same  schools  do  not  receive 
the  children  of  the  black  and  of  the  European.*  In  the 
theatres,  gold  cannot  procure  a  seat  for  the  servile  race 
beside  their  former  masters  ;  in  the  hospitals,  they  lie 
apart  ;  and  although  they  are  allowed  to  invoke  the  same 
God  as  the  whites,  it  must  be  at  a  different  altar,  and  in 
their  own  churches,  with  their  own  clergy.  The  gates  of 
Heaven  are  not  closed  against  them  ;  but  their  inferior- 
ity is  continued  to  the  very  confines  of  the  other  world. 
When  the  Negro  dies,  his  bones  are  cast  aside,  and  the 
distinction  of  condition  prevaib  even  in  the  equality  of 
death. t  Thus  the  Negro  is  free,  but  he  can  share  neither 
the  rights,  nor  the  pleasures,  nor  the  lahor^  nor  the  afflic- 
tions, nor  the  tomb  of  him  whose  equal  he  has  been  de- 
clared to  be  ;  and  he  cannot  meet  him  upon  fair  terms  in 
life  or  in  death. 

In  the  South,  where  slavery  still  exists,  the  Negroes  are 
less  carefully  kept  apart  ;  they  sometimes  share  the  labor» 
and  the  recreations  of  the  whites  ;  the  whites  consent  to 
intermix  with  them  to  a  certain  extent,  and  although  legis- 
lation treats  them  more  harshly,  the  habits  of  the  people 
are  more  tolerant  and  compassionate.  In  the  South,  the 
master  is  not  afraid  to  raise  his  slave  to  his  own  standing, 
because  he  knows  that  he  can  in  a  moment  reduce  him  to 
the,  dust,  at  pleasure.     In  the  North,  the  white  no  longer 

•  This  !»  a  mîBiiito.  In  most  of  the  pnblic  KhooU  in  the  Northem 
SuUet,  blnck  and  wtiiio  cliildran  nmy  bo  fbnnd  side  hy  aide  ia  the  wme  clasi- 
room.  Blacks  ma;  also  be  fonnd  Id  mailj  of  the  chorches,  Ihough  ia  tep*- 
ntesuts.  — Av.  Ed. 

t  This  is  eloquent,  bat  it  is  not  true.  Negroes  are  bnricd  in  the  BUIM 
grareyards,  and  often  in  the  same  tomfai,  with  wbJKt.  —  An.  Bd. 


462  DEMOCRACY  IN   AUEBICA. 

distinctlj  perceives  the  barrier  which  séparâtes  him  &oni 
the  degraded  race,  and  ho  shum  the  Negro  with  tlie  more 
pertinacitj,  since  he  fears  lest  they  should  some  day  ba 
confounded  together. 

Amongst  the  Americans  of  the  SoutJi,  Nature  some- 
times reasserts  her  rights,  and  restores  a  transient  equality 
between  the  blacks  and  tlie  whites;  but  in  tlie  North, 
pride  restrains  the  most  imperious  of  human  passions.  The 
American  of  the  Nortlicm  Slates  would,  perhajM,  allow 
the  Negress  to  share  his  licentious  pleasures,  if  the  laws 
of  his  country  did  not  declare  that  she  may  aspire  to  bo 
the  legitimate  partner  of  liis  bed  ;  but  he  recoils  with  hor- 
ror tVom  her  who  might  become  his  wife. 

Tims  it  is,  in  the  United  States,  that  the  prejudice  which 
repels  the  Negroes  seems  to  increase  in  proporiion  as  they 
are  emancipated,  and  inequality  is  sanctioned  by  the  man- 
ners  whilst  it  is  effaced  from  the  laws  of  the  country.  Bot 
if  the  relative  position  of  the  two  races  which  inhabit  the 
United  States  is  such  as  I  have  described,  why  liave  the 
Americans  abolished  slavery  in  the  North  of  the  Union, 
why  do  they  maintain  it  in  the  South,  and  why  do  they 
aggravate  its  hardships  ?  The  answer  is  easily  given.  It 
is  not  for  the  good  of  the  Negroes,  but  for  that  of  the 
whites,  that  measures  are  taken  to  abolish  slavery  in  the 
United  States. 

The  first  Negroes  were  imported  into  Virginia  about  the 

■ear  1621.*  In  America,  therefore,  as  well  as  in  the  rest 
Ipf  the  globe,  slavery  originated  in  the  South.     Thence  it 

pread  from  one  settlement  to  another  ;  but  the  number  of 
slaves  diminished  towards  the  Nortliern  States,  and  the  Ne- 
gro population  was  always  very  limited  in  New  England. f 

•  See  Beverloy'B  History  of  Virginia.  See  also  in  Jeflferaon's  Mcnioin 
K>m«  curious  details  concerning  tlie  introduction  of  Negrcxa  into  Virginia, 
■nd  the  llrsi  Act  which  proliibited  the  importation  of  them,  in  1778. 

t  The  Dnmber  ot  ïUv«a  wu  less  considerable  in  the  North,  but  tin  id- 


PRESENT  ASD  FUTURE   CONDITION   OP  THE  NEGE0E3.    463 

A  century  had  scarcely  elapsed  since  the  foundation  of 
the  Colonies,  when  the  attention  of  the  planters  was  struck 
by  the  extraordinary  fact,  that  the  provinces  which  were 
comparatively  destitute  of  slaves  increased  in  population, 
in  wealth,  and  in  prosperity  more  rapidly  than  those  which 
contained  many  of  them.  In  the  former,  however,  the 
inhabitants  were  obliged  to  cultivate  the  soil  themselves, 
or  by  hired  laborers  ;  in  the  latter,  they  were  iumishe»! 
with  hands  for  which  they  paid  no  wages.  Yet,  though 
labor  and  expense  were  on  the  one  side,  and  ease  with 
economy  on  the  other,  the  former  had  the  more  advanta- 
geous system.  This  result  seemed  the  more  difficult  to 
explain,  since  the  settlers,  who  all  belonged  to  the  same 
European  race,  had  the  same  habits,  the  same  civilization, 
the  same  laws,  and  their  shades  of  difference  were  ex- 
tremely slight. 

Time,  however,  continued  to  advance  ;  and  the  Anglo- 
Americans,  spreading  beyond  the  coasts  of  the  Atlantic 
Ocean,  penetrated  farther  and  farther  into  the  solitudes 
of  the  West  ;  they  met  there  with  a  new  soil  and  an 
unwonted  climate  ;  they  had  to  overcome  obstacles  of  the 
most  various  character  ;  their  races  intermingled,  the  in- 
habitants of  the  South  going  up  towards  the  North,  those 
of  the  North  descending  to  the  South.  But  in  the  midst 
of  all  these  causes,  tiie  same  result  occurred  at  every  step  ; 

TUitages  rcanlting  from  ilavcrj  wens  not  mora  contested  there  thm  in  the 
Bonlh.  In  1 740,  the  LegiiUtnro  of  the  State  or  Ncv  York  declared  that  th« 
direct  importatioa  of  sUvea  oaghl  to  be  encouraged  as  much  a»  possible,  and 
■muggling  Bovorelj  puniahod,  in  order  not  to  dÎBcouragfl  the  fiiic  trader. 
(Kent's  Commentaries,  Vol.  II.  p.  306.)  Curious  researches,  lif  Betknap, 
upon  slavery  in  New  England,  ore  to  be  found  in  the  Historical  Collectiont 
of  Ifwsacbittetta,  Vol.  IV.  p.  193.  It  appcan  that  Negroes  wen;  introdnred 
there  in  1630,  but  that  the  legislation  and  mannen  of  the  people  ircro  op- 
powd  to  (larcrj  trom  tlie  first;  see  also,  in  the  same  work,  the  manner  in 
which  public  opinion,   and   afterwards   the   laws,   finoUf  put  an  end  to 


M4  DEMOCBACir  m   AMERrCA. 

in  general,  tlie  colonies  in  which  there  were  no  slaves  be- 
came moro  populous  and  more  prospérons  than  those  is 
which  slavery  flourished.  The  farther  they  went,  the 
more  was  it  sliown  that  slavery,  which  is  so  cmel  to  the 
slave,  is  prejudicial  to  the  master. 

But  this  truth  was  most  satisfactorily  demonstratetl  when 
civilization  reached  the  banks  of  the  Ohio.  The  stream 
which  the  Indians  had  distinguished  by  the  name  of  Ohio, 
or  the  Beautiful  River,  waters  one  of  the  most  magnifieent 
valleys  which  has  ever  been  made  the  abode  of  man.  Un- 
dulating lands  extend  upon  both  shores  of  tlie  Ohio,  whose 
soil  affords  inexhaustible  treasures  to  tlie  laborer  ;  on  either 
bank,  the  air  is  equally  wholesome  and  the  climate  mild; 
and  each  of  tliem  forms  the  extreme  frontier  of  a  vast 
State:  that  wliich  follows  the  numerous  windings  of  the 
Ohio  upon  the  left  is  called  Kentucky;  that  upon  the 
right  bears  the  name  of  the  river,  Tliese  two  States 
differ  only  in  a  single  respect  ;  Kentucky  has  admitted 
slavery,  but  tlie  State  of  Ohio  has  prohibited  the  existence 
of  slaves  within  its  borders.*  Thus  thé  traveller  who 
floats  down  the  current  of  the  Ohio,  to  the  spot  where 
that  river  falls  into  the  Mississippi,  may  be  said  to  sail  be- 
tween libertv  and  servitude  ;  and  a  transient  inspection 
of  surrounding  objects  will  convince  him  which  of  the 
two  is  more  favorable  to  humanity. 

Upon  the  left  bank  of  the  stream,  the  population  is 
sparse,  —  from  time  to  time,  one  descries  a  troop  of 
slaves  loitering  in  the  half-desert  fields  ;  the  primeval 
forest  reappears  at  every  turn  ;  society  seems  to  be  asleep, 
man  to  be  idle,  and  nature  alone  offers  a  scene  of  activ- 
ity and  hfe. 

From  the  right  bank,  on  the  contrary,  a  confused  hum 
is  heard,  wliich  proclaims  afar  the  presence  of  industry; 

•  Not  only  is  BlsTcry  prohibited  in  Ohio,  bat  no  ftto  Negroc»  are  [iroie] 
•Jlowed  to  cnlcT  iho  tcmwr;  oC  vtiaX  State,  or  to  hold  properly  in  it. 


'      > 


PRESENT  ASD  FUTUBE  CONDITION   07  THE  NEGROES.    465 

the  fields  are  covered  with  abundant  harvests  ;  the  elegance 
of  the  dwellings  announces  the  taste  and  activi^  of  the 
laborers  ;  and  man  appears  to  be  in  tlie  enjoyment  of  that 
wealth  and  contentment  which  is  the  reward  of  labor,* 

The  State  of  Kentucky  was  founded  in  1775,  the  State 
of  Ohio  only  twelve  years  later  ;  but  twelve  years  are 
more  in  America  than  half  a  centur)*  in  Europe  ;  and,  at 
the  present  day,  the  population  of  Ohio  exceeds  that  of 
Kentucky  by  two  hundred  and  fifty  tliousand  souls.f 
These  different  effects  of  slavery  and  freedom  may  read- 
ily be  understood  ;  and  they  suffice  to  explain  many  of 
the  differences  which  we  remark  between  the  civilization 
of  antiquity  and  that  of  our  own  time. 

Upon  the  loft  bank  of  the  Ohio,  labor  b  confounded 
with  the  idea  of  slavery,  while  upon  the  right  bank,  it  ia 
identified  with  that  of  prosperity  and  improvement  ;  on 
the  one  side,  it  is  degraded,  on  the  other,  it  b  honored  ; 
on  the  former  territory,  no  white  laborers  can  be  found, 
for  they  would  be  afraid  of  assimilating  tliemselves  to  the 
Negroes,  —  all  the  work  is  done  by  slaves  ;  on  tlio  latter, 
no  one  is  idle,  for  the  white  population  extend  their  activ- 
ity and  intelligence  to  every  kind  of  employment.  Thus, 
the  men  whose  task  it  is  to  cultivate  the  rich  soil  of  Ken- 
tucky are  ignorant  and  apathetic  ;  whilst  those  who  are 
active  and  enlightened  either  do  nothing,  or  pass  over  into 
Ohio,  where  they  may  work  without  shame. 

■  The  activity  of  Ohio  is  not  confiacd  to  individnali,  but  the  nndertalLingi 
of  the  Stale  ore  surpmingi;  great  :  a  canal  hai  been  cstabllslicd  between 
Lake  Eric  and  the  Ohio,  bj  means  of  vrfaich  the  vallej  of  Iho  Mississippi 
eommnnicatcB  with  iho  river  of  the  North,  and  the  Enropoan  commodici«« 
whirh  arrive  at  New  Torfc  maj  be  forwarded  bjr  water  to  New  Orlcam 
arross  Ave  handred  leagues  of  continent. 

t  The  exact  numbers  given  by  the  ccnem  of  1830  were:  Kentucky, 
688,844  ;  Oliio,  937,679.     [The  disproportion  has  tieoome  vastly  greater. 
Id   18S0,  the   papulation  of  Kenlncky  was    9B3,40S  ;  of  Ohio,    1,980,329  ; 
their  areas  are  rcspcctiveij  37,680  aad  39,9C4  square  miles.  —  An.  Ed.1 
20  •  mi 


463  DEMOCRACY    m    AIIEBICA. 

It  is  true  tliftt,  in  Kentucky,  the  planters  are  not  obliged 
to  pay  the  slaves  wliom  tliey  employ  ;  but  they  derive 
small  profits  from  their  labor,  whilst  the  wages  paid  t« 
free  workmen  would  be  returned  with  interest  in  the  valae 
of  their  services.  The  free  workman  is  paid,  but  he  docs 
his  work  quicker  than  the  slave  ;  nud  rapidity  of  execution 
is  one  of  tlie  great  elements  of  economy.  The  white  sells 
his  scr^-ices,  but  they  are  only  purchased  when  they  may 
be  useful  ;  the  black  can  claim  no  remuneration  for  his  toil, 
but  the  expense  of  his  maintenance  is  perpetual  ;  ho  must 
be  supported  in  his  old  age  as  well  as  in  manhood,  in  his 
profitless  infancy  as  well  as  in  the  productive  years  of 
youth,  in  sickness  as  well  as  in  health.  Paj-mcnt  most 
equally  be  made  in  order  to  obtain  the  services  of  either 
class  of  men  :  the  free  workman  receives  his  wages  in 
money  ;  the  slave  in  education,  in  food,  in  care,  and  in 
clothing.  The  money  which  a  master  spends  in  the  main- 
tenance of  his  slaves  goes  gradually  and  in  detail,  so  that 
it  is  scarcely  perceived  ;  tlie  salary  of  the  free  workman 
is  paid  in  a  round  sum,  and  appears  to  enrich  only  him 
who  receives  it  ;  but  in  the  end,  the  slave  has  cost  more 
than  the  fi^e  servant,  and  liis  labor  is  less  productive.* 

•  Indqrendentlj  of  these  cause»,  which,  wherever  (ree  workmen  abooud, 
render  ihcir  t>bor  more  prodacdvc  and  more  economical  tlian  that  of  ilavei^ 
anoiher  cbdso  may  be  pointed  ont  which  ia  pcculinr  lo  tlio  United  State»  ; 
(he  sngar-cnae  has  hitherto  been  cultivated  with  saccess  only  npon  tlie  bonki 
of  the  Mississippi,  near  the  month  of  that  river  in  tlic  Gulf  of  Mexico.  In 
LooliiatiB,  the  coltivatioil  of  the  so^r-canc  is  cxcccdiagly  lacrotivc  ;  nowhere 
docs  a  laborer  earn  so  much  bj  his  work  ;  and,  at  there  is  alwars  a  certain 
relation  between  the  com  of  production  and  the  value  of  tlie  produce,  tbe 
price  of  slaves  is  very  high  id  Looirâana.  Bat  Louisiana  is  one  of  the  con- 
federate States,  and  «lavea  may  bo  carried  tliilber  from  nil  parts  of  tha 
Union  ;  the  price  given  for  staves  in  New  Orleans  eonscqucnity  raises  the 
ralne  of  slaves  in  all  the  other  markcta.  The  contoinence  of  this  h,  tluu,  in 
(he  cooniries  where  the  land  is  less  prodnctivc,  the  cost  of  slave-labor  is  aEQl 
veiy  considerable,  which  gives  au  addiiional  advantage  to  the  competition  of 
flee  labor. 


PRESENT  AND   FUTURE  CONDITION  OF  THE  NEGROES.  467 

The  influence  of  slavery  extends  still  fiirther  :  it  aflects 
the  character  of  the  master,  and  imparts  a  peculiar  ten- 
dency to  his  ideas  and  tastes.  Upon  both  banks  of  the 
Ohio,  the  character  of  the  inhabitants  is  enterprising  and 
energetic  ;  but  this  vigor  is  very  diflPerently  exercised  in 
the  two  States.  The  white  inhabitant  of  Ohio,  obliged 
to  subsist  by  his  own  exertions,  regards  temporal  prosper- 
ity as  the  chief  aim  of  his  existence  ;  and  as  the  coimtry 
which  he  occupies  presents  inexhaustible  resources  to  his 
industry,  and  ever-varying  lures  to  his  activity,  his  acquis- 
itive ardor  surpasses  the  ordinary  limits  of  human  cupid- 
ity :  he  is  tormented  by  the  desire  of  wealth,  and  he  boldly 
enters  upon  every  path  which  fortune  opens  to  him;  he 
becomes  a  sailor,  a  pioneer,  an  artisan,  or  a  cultivator,  with 
the  same  indifference,  and  supports  with  equal  constancy 
the  fatigues  and  the  dangers  incidental  to  these  various 
professions  ;  the  resources  of  his  intelligence  are  astonish- 
ing, and  his  avidity  in  the  pursuit  of  gain  amounts  to  a 
species  of  heroism. 

But  the  Kentuckian  scorns  not  only  labor,  but  all  the 
undertakings  which  labor  promotes  ;  as  he  lives  in  an  idle 
independence,  his  tastes  are  those  of  an  idle  man  ;  money 
has  lost  a  portion  of  its  value  in  his  eyes  ;  he  covets  wealth 
much  less  than  pleasure  and  excitement  ;  and  the  energy 
which  his  neighbor  devotes  to  gain,  turns  with  him  to  a 
passionate  love  of  field  sports  and  military  exercises;  he 
delights  in  violent  bodily  exertion,  he  is  familiar  with  the 
use  of  arms,  and  is  accustomed  from  a  very  early  age  to 
expose  his  life  in  single  combat.  Thus  slavery  not  only 
prevents  the  whites  from  becoming  opulent,  but  even  from 
desiring  to  become  so. 

As  the  same  causes  have  been  continually  producing 
opposite  effects  for  the  last  two  centuries  in  the  Bridsh 
colonics  of  North  America,  they  have  at  last  established 
a  striking  difference  between  the  commercial  capacity  of 


46S  DEMOCRACY  DI  AUEBICA. 

the  inhabitants  of  the  South  and  those  of  the  North.  At 
the  present  day,  it  is  only  the  Nortliern  State»  which  ai-e  in 
possession  of  sluppiog,  manufactures,  i:iiitroads,  aiid  canals. 
This  (lifterence  is  perceptible,  not  only  in  comparing  the 
Morlh  with  the  South,  but  in  comparing  tlie  several  South- 
em  States.  Almost  all  those  who  carry  on  commercial 
operations,  or  endeavor  to  turn  slave  labor  to  account,  in 
the  most  southern  districts  of  the  Union,  have  emigrated 
from  the  North,  The  natives  of  the  Norlliem  Status  arc 
constantly  spreading  over  that  portion  ef  the  American 
territory,  where  they  have  less  to  fear  from  competition  ; 
Q  they  discover  resources  there  wliîch  escaped  the  notice  of 

l!?^  tlio  udiabilants  ;  and,  as  they  comply  with  a  system  ivhich 
I^V  they  do  not  approve,  they  sncceed  in  turning  it  to  better 

■antage  Uian  those  who  first  founded,  and  who  still 
maintain  it. 

AVere  I  inclined  to  continne  this  parallel,  I  could  easily 
prove  that  almost  all  the  differences  which  may  be  re- 
marked between  the  characters  of  the  Americans  in  the 
Southern  and  in  the  Northern  States  have  originated  in 
slavery;  but  this  would  divert  me  from  my  subject,  and 
my  present  intention  is  not  to  point  out  all  the  consequen- 
ces of  servitude,  but  those  effects  wliich  it  has  produced 
upon  the  material  prosperity  of  the  countries  wliieh  have 
admitted  it. 

The  influence  of  slavery  upon  the  production  of  wealth 
must  have  been  very  imperfectly  known  in  antiquity,  ,aa 
slaverj'  then  obtained  throughout  the  civilized  world  ;  and 
the  nations  which  were  unacquainted  with  it  were  barba- 
rians. And,  indeed,  Christianity  only  abolished  slavery  by 
advocating  the  claims  of  the  slave  ;  at  the  present  time,  it 
may  be  attacked  in  the  name  of  the  master  i  and,  upon  this 
point,  interest  is  reconciled  with  morali^. 

As  these  truths  became  apparent  in  the  United  States, 
ffUveiy  receded  before  the  progress  of  experience.     Servi- 


'T^-^.^^^  mai 


PRESENT  AND   FUTURE   CONDITION   OF  THE  NEGROES.    469 

tude  had  begun  in  tlie  South,  and  had  thence  spread  to- 
ward the  North  ;  but  ît  now  retires  again.  Freedom, 
which  started  from  the  North,  now  descends  uninter- 
ruptedly toward  the  South.  Amongst  the  great  States, 
Pennsylvania  now  constitutes  the  extreme  limit  of  slavery 
to  the  North  ;  but,  even  within  those  limits,  the  slave 
system  is  shaken  :  Maryland,  which  is  immediately  below 
Pennsylvania,  is  preparing  for  its  abolition  ;  and  Virginia, 
which  comes  next  to  Maryland,  is  already  discussing  its 
utility  and  its  dangers.* 

No  great  change  takes  place  in  human  institutions,  with- 
out involving  amongst  its  causes  the  law  of  inheritance. 
When  the  law  of  primogeniture  obtained  in  the  South, 
each  family  was  represented  by  a  wealthy  individual,  who 
was  neither  compelled  nor  induced  to  labor  ;  and  he  was 
surrounded,  as  by  parasitic  plants,  by  the  other  members 
of  his  family,  who  were  then  excluded  by  law  from  sharing 
the  common  inheritance,  and  who  led  the  same  kind  of 
life  as  himself.  The  same  thing  then  occurred  in  all  the 
Ëunilies  of  the  South  which  still  happens  in  the  noble 
families  of  some  countries  in  Europe,  namely,  that  the 
younger  sons  remain  in  the  same  state  of  idleness  as 
their  elder  brother,  without  being  as  rich  as  he  is.     This 

« 

*  A  peculiar  reason  contributes  to  detach  the  two  last-mentioned  States 
from  t}ie  caose  of  slavery.  The  former  wealth  of  this  part  of  the  Union  was 
principally  derived  from  the  cultivation  of  tobacco.  This  cultivation  is  spe- 
cially carried  on  ^y  slaves  ;  but  within  the  last  few  years,  the  market-price 
of  tobacco  has  diminished,  whilst  the  value  of  the  slaves  remains  the  same. 
Thus  the  ratio  between  the  cost  of  production  and  the  value  of  the  produce 
is  changed.  The  inhabitants  of  Maryland  and  Virginia  are  therefore  more 
disposed  than  they  were  thirty  years  ago  to  give  up  slave-labor  in  the  culti- 
vation of  tobacco,  or  to  give  up  slavery  and  tobacco  at  the  same  time. 

[It  is  liardly  necessary  to  remind  the  American  reader  that  the  text  here 
was  Written  nearly  thirty  years  ago,  and  was  a  tolerably  accurate  description 
of  the  state  of  affidrs  then,  though  circumstances  have  greatly  changed 
since.  —  Am.  Ed.] 


I 


470  DEUOCBACT   IN  AUEBICÀ- 

îdt-'iitital  result  seems  to  be  produced  in  Europe  and  in 
America  by  wholly  analogous  causes.  In  the  South  of 
the  Unitod  States,  the  whole  race  of  whites  formed  an 
arbtocratic  body,  headed  hy  a  certain  nmnbor  of  privi- 
leged individuals,  whoso  wealth  was  pormonunt,  and  whose 
leisure  was  hereditary.  These  Icatlers  of  Uie  American 
nobility  kept  aiive  the  traditional  prejudices  of  the  white 
race  in  the  body  of  which  they  were  the  representatives, 
and  maintained  idleness  in  honor.  This  aristocracy  con- 
tained many  who  were  poor,  but  none  who  would  work  ; 
its  members  preferred  want  to  labor  ;  consequently,  Negro 
laborers  and  slaves  met  with  no  competition  ;  and,  what- 
ever opinion  might  be  entertained  as  to  the  utihty  of  their 
)iiilii~irv,  il  was  necessary  to  employ  them,  since  tliere  was 
uu  one  cioD  Lu  work. 

No  sooner  was  the  law  of  primogeniture  aboUshed,  than 
fortunes  began  to  diminish,  and  all  the  ikmilies  of  the 
country  were  simultaneously  reduced  to  a  state  in  which 
labor  became  necessary  to  existence,  —  several  of  them 
have  since  entirely  disappeared,  —  and  all  of  them  learned 
to  look  forward  to  the  time  when  it  would  be  necessary 
for  every  one  to  provide  for  his  own  wants.  Wealthy 
individuals  are  still  to  be  met  with,  but  they  no  longer 
constitute  a  compact  and  hereditary  body,  nor  have  they 
been  able  to  adopt  a  line  of  conduct  in  which  they  could 
persevere,  and  which  they  could  infuse  into  all  ranks 
of  society.  The  prejudice  which  stigmatized  labor  was, 
in  tile  Erst  place,  abandoned  by  common  consent,  the 
number  of  needy  men  was  increased,  and  the  needy  were 
allowed  to  gain  a  subsiatence  by  labor  without  blushing 
for  their  toil.  Thus,  one  of  the  most  immediate  conse- 
quences of  the  equal  division  of  estates  has  been,  to  create 
a  class  of  free  laborers.  As  soon  as  competition  began 
between  the  free  laborer  and  the  slave,  the  inferiority  of 
the  latter  became  manifest,  and  slavery  was  attacked  in 


PRESENT  AND  FUl'UBE  CONDITION  OF  THE  NEGBOES.    471 

its  fundamental  principle,  which  is,  the  interest  of  the 
master. 

As  slavery  recedes,  the  black  population  follows  its  ret 
rograde  course,  and  returns  with  it  towards  those  tropical 
regions  whence  it  originally  came.  However  singular  thia 
feet  may  at  first  appear  to  be,  it  may  readily  be  explained. 
Although  the  Americans  abolish  the  principle  of  slavery, 
they  do  not  set  their  slaves  free.  To  illustrate  this  remark, 
I  will  quote  the  example  of  the  State  of  New  York.  In 
1788,  this  State  prohibited  the  sale  of  slaves  within  its 
limits,  which  was  an  indirect  method  of  prohibiting  the 
importation  of  them.  Thenceforward  the  number  of  Ne- 
groes could  only  increase  according  to  the  ratio  of  the 
natural  increase  of  population.  But  eight  years  later,  a 
more  decisive  measure  was  taken,  and  it  was  enacted  that 
all  children  born  of  slave  parents  after  the  4th  of  July, 
1799,  should  be  free.  No  increase  could  then  take  place, 
and,  although  slaves  still  existed,  slavery  might  be  said  to 
be  abolished. 

As  soon  as  a  Northern  State  thus  prohibited  the  impor- 
tation, no  slaves  were  brought  from  the  South  to  be  sold  in 
its  markets.  On  the  other  hand,  as  the  sale  of  slaves  was 
forbidden  in  that  State,  an  owner  could  no  longer  get  rid 
of  his  slave  (who  thus  became  a  burdensome  possession) 
otherwise  than  by  transporting  him  to  the  South.  But 
when  a  Northern  State  declared  that  the  son  of  the  slave 
should  be  bom  free,  the  slave  lost  a  large  portion  of  his 
market-value,  since  his  posterity  was  no  longer  included 
in  the  bargain,  and  the  owner  had  then  a  strong  interest  in 
transporting  him  to  the  South.  Thus  the  same  law  pre- 
vents the  slaves  of  the  South  from  coming  North,  and 
drives  those  of  the  North  to  the  South. 

But  there  is  another  cause  more  powerful  than  any 
I  have  described.    The  want  of  free  hands  is  felt  in  a 
in  proportion  as  the  number  of  slaves  decreases.     B 


472  DEMOCRACT  D<  AIIEBICA. 

proportion  as  labor  is  pei-formed  by  free  bantb,  slavolabor 
becomes  less  productive  ;  aud  tbe  slave  is  tlien  a  nsi^loss  or 
ODcroua  pnaaeaaioii,  whom  it  is  impartant  to  export  to  the 
Soutli,  where  tlie  same  competition  is  not  to  bi3  fL-untii. 
Tims  tlie  alxtlition  of  slavery  does  not  set  the  Uave  free, 
but  merely  transfers  him  to  another  master,  and  &Dm  llie 
North  to  the  South. 

The  emancipated  Negrutt»,  and  tltose  boni  ittler  tbe  eho- 
lition  of  slavery,  do  not,  indeed,  migrate  from  llie  North  lo 
the  South;  but  their  situation. with  regaixi  to  the  Euro- 
peans is  not  unlike  that  of  the  Indians;  tbi'y  remain  bxlf 
ci%'iliïed,  and  deprived  of  their  rights  in  the  midst  of  a 
population  which  is  far  superior  to  them  in  wealth  and 
knowletlge,  where  they  are  exposed  to  tlie  lyranuy  oi'  the 
laws*  and  the  intolerance  of  the  people.  On  some  ac- 
counts they  are  still  more  to  be  pitied  than  the  Indians, 
since  they  are  haunted  by  the  reminiscence  of  slavery,  and 
they  cannot  claim  possession  of  any  part  of  tlie  soil  :  many 
of  them  perish  miserably,f  and  the, rest  congregate  in  the 
great  towns,  where  they  perform  the  meanest  offices,  and 
lead  a  wretched  and  precarious  existence. 

But  even  if  the  number  of  Negroes  continued  to  increase 
as  rapidly  as  when  they  were  still  in  slavery,  as  the  num- 
ber of  whites  augments  with  twofold  rapidity  after  the  abo- 
iidon  of  slavery,  the  blacks  would  soon  be,  as  it  were,  lost 
in  the  midst  of  a  strange  population. 

*  Tho  Stutca  ia  wliich  slaictj  is  abolished  usually  do  what  (be;  can  to 
render  tlieir  tcmtoiy  disagreeable  to  the  Negroes  as  a  place  of  reaidcnce  ; 
auil  as  a  kind  of  emulation  exists  between  tbe  dificrcDl  States  in  this  respect, 
the  unhappy  blacks  can  only  choose  tho  least  of  the  evik  which  beset  them. 

t  There  is  a  great  difiurcncc  betvreea  tlio  morlalilj  of  the  blacks  and  of 
tho  whiles  in  tho  States  in  which  slavery  is  abolished;  from  1820  to  1831, 
only  one  oat  of  fortj-two  individuals  of  Ûie  wliitc  papulation  died  in  Pliil>- 
delphia;  but  oue  out  of  twenty-one  of  the  black  population  died  in  tho  same 
tàaw.  Tho  mortality  is  by  no  means  so  great  amongst  tho  Negroes  wltt  an 
Êtill  slaves.     (See  Emeison'a  Medical  Stattstirs,  p.  Ï8.) 


PBESENT  AND  FUTURE  CONDITION  OF  THE  NEGROES.    478 

A  district  which  Ls  cultivated  by  slaves  is  in  general  less 
populous  than  a  district  cultivated  by  free  labor  :  moreover, 
America  is  still  a  new  country,  and  a  State  is  therefore  not 
half  peopled  when  it  abolishes  slavery.  No  sooner  is  an 
end  put  to  slavery,  than  the  want  of  free  labor  is  felt,  and 
a  crowd  of  enterprising  adventurers  immediately  arrive 
from  all  parts  of  the  country,  who  hasten  to  profit  by  the 
fresh  resources  which  are  then  opened  to  industry.  The 
soil  is  soon  divided  amongst  them,  and  a  &mily  of  white 
settlers  takes  possession  of  each  portion.  Besides,  Euro- 
pean emigration  is  exclusively  dire<;ted  to  the  free  States  ; 
for  what  would  a  poor  emigrant  do  who  crosses  the  Atlan- 
tic in  search  of  ease  and  happiness,  if  he  were  to  land  in 
a  country  where  labor  is  stigmatized  as  degrading  ? 

Thus  the  white  population  grows  by  its  natural  increase, 
and,  at  the  same  time,  by  the  immense  influx  of  emigrants  ; 
whilst  the  black  population  receives  no  emigrants,  and  is 
upon  its  decline.  The  proportion  which  existed  between 
the  two  races  is  soon  inverted.  The  Negroes  constitute  a 
scanty  remnant,  a  poor  tribe  of  vagrants,  lost  in  the  midst 
of  an  immense  people  who  own  the  land  ;  and  the  presence 
of  the  blacks  is  only  marked  by  the  injustice  and  the  hard- 
ships of  which  they  are  the  victims. 

In  several  of  the  Western  States,  the  Negro  race  never 
made  its  appearance  ;  and  in  all  the  Northern  States,  it  is 
rapidly  declining.  Thus  the  great  question  of  its  future 
condition  is  confined  within  a  narrow  circle,  where  it  be- 
comes less  formidable,  though  not  more  easy  of  solution. 
The  more  we  descend  towards  the  South,  the  more  diffi- 
cult does  it  become  to  abohsh  slavery  with  advantage  ;  and 
this  arises  from  several  physical  causes  which  it  is  impor- 
tant to  point  out. 

The  first  of  these  causes  is  the  climate  :  it  is  well  known 
that,  in  proportion  as  Europeans  approach  the  tropics,  la- 
bor becomes  more  difficult  to  them.     Many  of  the  Amcrir 


474  DEïiocBAcr  m  America. 

catis  evi-n  assert  tliat,  willùn  a  certain  latitude,  ît  ia  &tal  to 
tlierii,  wliile  tlie  Negroes  can  work  there  without  danger  ;  • 
but  I  do  not  thiak  t1ia.t  this  opinion,  which  is  so  fiivoratile 
to  the  indolence  of  the  înhalâtants  of  the  South,  ts  «in- 
firniL'd  by  oxirerieiicc.  Tlio  southern  parts  of  the  Union 
are  not  hottor  limn  the  joulli  of  ludy  and  of  Spain  ;  f  «"d 
it  may  be  asked  why  ihe  European  cannot  work  as  weli 
thera  aa  in  the  latter  two  countries.  If  slavery  has  been 
abolished  in  Italy  and  in  Spain,  witliout  causing  the  de- 
struction of  the  masters,  why  should  not  the  same  thing 
take  place  in  the  Union?  I  cannot  believe  that  Nature 
has  prohibited  the  Europeans  in  Georgia  and  the  Floridas, 
under  pain  of  death,  from  raising  the  means  of  subsistence 
from  the  soil  ;  but  their  labor  would  unquestionably  be 
more  irksome  and  less  productive  ^  to  them  than  to  the  in- 
habitants of  New  England.  As  the  free  workman  thus 
loses  a  portion  of  hb  superiority  over  the  slave  in  the 
Southern  States,  there  are  fewer  inducements  to  abolish 
slavery. 

All  the  plants  of  Europe  grow  in  the  northern  parts  rf 
the  Union  ;  the  South  has  special  productions  of  its  own. 
It  has  been  observed  that  slave  labor  is  a  very  expensive 

'  This  il  tnie  of  the  apati  in  wliich  rice  ii  cuMvated  ;  rice-gioDndf,  which 

■re  nnwholcMinio  <a  bU  coaniriM,  are  puticnUrlf  dangerooï  in  thow  region 
irliii'h  ore  exposed  to  the  lœanis  of  a  tropical  ma.  Europciuii  \tou1i1  not 
find  it  cosy  to  cnltivatc  the  «oil  in  that  put  of  the  New  World,  if  it  must 
Deccssuril  J  be  made  to  produce  rice  ;  but  may  tbej  not  subsist  withoat  ric«- 
gtonniUt 

t  Those  Stales  an)  ueaier  to  the  equator  than  Icalj  and  Spain,  but  th« 
tacnperatura  of  the  continent  of  America  it  much  lower  ttian  that  of  Eo- 

}  The  Spanish  goremmeut  foimerij  caused  a  ceitain  number  of  pcaaanu 
from  iho  Azores  to  be  transported  into  a  district  of  Louisiaiui  called  Atiaka- 
pas,  b/  waj  of  experiment  These  sctllcra  «till  cnltirale  the  soil  without 
Ihe  agaiacanca  of  slaves,  but  their  industry  is  so  tangnid  ai  scarcely  to  tup- 
ply  their  most  necctur;  vaiUa. 


FBE5ENT  ASD  PUTUB£   COKDITIOH   OF  THE   NEQEOES.    475 

method  of  cultivating  cereal  grain.  The  &rmer  of  com- 
land,  in  a  countty  where  slavery  ia  unknown,  habitually 
letaioa  only  a  small  number  of  laborers  in  his  service,  and 
at  seed-time  and  harvest  he  lures  additional  hands,  who 
only  hve  at  his  cost  for  a  short  period.  But  the  agricul- 
turist in  a  slave  state  is  obliged  to  keep  a  large  number  of 
slaves  tlie  whole  year  round,  in  order  to  sow  his  fields  and 
to  gather  in  his  crops,  although  their  services  are  required 
only  for  a  few  weeks  ;  for  slaves  are  unable  to  wait  till 
they  are  hired,  and  to  subsist  by  their  own  labor  in  the 
mean  time,  like  &ee  laborers  ;  in  order  to  have  their  ser- 
vices, they  must  be  bought.  Slavery,  independently  of  its 
general  disadvantages,  is  therefore  still  more  inapplicable  to 
countries  in  which  com  is  cultivated,  than  to  those  which 
produce  crops  of  a  different  kind.  The  cultivation  of  to- 
bacco, of  cotton,  and  especially  of  the  sugaiw^ane,  demands, 
on  the  other  hand,  unremitting  attention  :  and  women  and 
children  are  employed  in  it,  whose  services  are  of  little  use 
in  the  cultivation  of  wheat.  Thus  slavery  is  naturally 
more  fitted  to  the  countries  from  which  these  productions 
are  derived. 

Tobacco,  cotton,  and  the  gugarK:ane  are  exclusively 
grown  in  the  South,  and  they  form  the  principal  sources 
of  the  wealth  of  those  States.  If  slavery  were  abolished, 
the  inhabitants  of  the  South  would  be  driven  to  this  altera 
native:  they  must  either  change  their  system  of  cultiva- 
tion,—  and  then  they  would  come  into  competition  with 
the  more  active  and  more  experienced  inhabitants  of  the 
North;  or,  if  they  continued  to  cultivate  the  same  pro- 
duce without  slave  labor,  they  would  have  to  support  tlie 
competition  of  the  other  States  of  the  South,  which  might 
still  retain  their  slaves.  Thus,  peculiar  reasons  for  main- 
taining slavery  exist  in  the  South  which  do  not  operate 
in  the  North. 

But  there  is  yet  another  motive,  which  is  i 


47(  DKUOCBACr  ra  AHERICA. 

tka  aS  dw  otbeis  :  tiie  South  might,  indeed,  rigorous!/ 
J,  aboltsli  slavery  ;  but  Iiow  should  it  riti  iu  teiri- 
r  «f  the  bluck  population  ?  Slaves  and  slavery  are 
Aï^'wn  from  llie  Nortli  by  the  same  law  ;  but  tliis  two- 
£'4>i  rMult  cannot  be  hojWl  for  ïn  the  South. 

In  proving  that  slavety  is  more  nntunil  and  more  adviw 
«t^-ous  in  Uie  South  .ihun  in  the  North,  I  have  shown  that 
thv  nuuibi.'r  of  slaves  must  be  far  greater  in  the  former. 
It  was  to  the  southern  setUementa  that  the  first  Africans 
wvTc  brought,  and  it  is  there  that  the  greatest  number  of 
ihoni  liave  always  been  imported.  As  we  advance  towards 
th«  South,  the  prejudice  wiuch  sanc^uns  idleness  increases 
Ù1  power.  In  the  States  nearest  to  the  tropics,  there  is 
nut  a  single  white  laborer  ;  the  Negroes  are  consequently 
much  more  numerous  in  the  South  than  in  the?  North, 
And,  as  I  have  already  observed,  tliis  disproportion  in- 
cieases  daily,  since  the  Negroes  are  transferred  to  one  part 
V  of  the  Union  as  soon  as  slavery  is  abolished  in  the  other. 
Thus,  tlie  black  population  augments  in  the  South,  not 
only  by  its  natural  fecundity,  but  by  the  compulsory  emi- 
gration of  the  Negroes  from  the  North  ;  and  the  AGncan 
race  has  causes  of  increase  in  tlie  South  very  analogous  to 
those  whicli  accelerate  the  growth  of  the  European  race 
in  the  North, 

In  the  State  of  Maine  there  is  one  Negro  in  three  hun- 
dred inhabitants  ;  In  Massachusetts,  one  in  one  hundred  ; 
in  New  York,  two  in  one  hundred  ;  in  Pennsylvania,  three 
in  the  same  number  ;  in  Maryland,  thirty-four  ;  in  Vir- 
ginia, forty-two  ;  and  lasdy,  in  South  Carolina,"  fifty-five 

*  Wc  Rnd  it  asserted  in  an  Atncrian  work,  entitled  "  Lctten  an  tlie  Colo- 
niiation  Society,"  lij  Mr.  Carey,  1833,  "  That  for  tho  last  forty  years,  tlia 
black  race  lias  increased  more  rapidly  thnti  the  white  rare  in  the  State  of 
Boulli  Carolina;  and  tliat,  if  wo  take  tho  average  population  of  the  fire  Slatei 
of  tho  South  into  which  slaves  wore  first  introduced,  viz.  Maryland,  Tîr- 
Ctnift,  South  Carolina,  HoiAi  CuQ^iDft.,  «tii  Gwit^il,  vre  shall  find  that  from 


,      PRESENT   AND   FUTURE  CONDITION  OF  THE  NEGROES.    477 

per  cent  of  the  inhabitants  are  black.  Such  was  the  pro- 
portion of  tlie  black  population  to  the  whites  in  the  year  . 
1830.  But  thb  proportion  is  perpetually  changing,  as  it 
constantly  decreases  in  the  North,  and  augments  in  the 
South. 

It  is  evident  that  the  most  southern  States  of  the  Union 
cannot  abolish  slavery  without  incurring  great  dangers, 
wliich  the  North  had  no  reason  to  apprehend  when  it 
emancipated  its  black  population.  'We  liave  already  shown 
how  the  Northern  States  made  the  transition  from  slaveiy 
to  freedom,  by  keeping  the  present  generation  in  chains, 
and  setting  their  descendants  free  ;  by  this  means,  the 
Negroes  are  only  gradually  introdnced  into  the  society  ; 
and  whilst  the  men  who  might  abuse  their  freedom  are 
kept  in  servitude,  those  who  are  emancipated  may  learn 
the  art  of  l)oing  free  before  they  become  their  own  masters. 
But  it  would  be  difficult  to  apply  this  method  in  the  South. 
To  declare  that  all  the  Negroes  bom  after  a  certain  period 
shall  be  free,  is  to  introduce  the  principle  and  the  notion 
of  liberty  into  the  heart  of  slavery;  the  blacks  whom  the 
law  thus  mxintains  in  a  state  of  slavery  from  which  their 
children  are  delivered,  are  astonished  at  so  unequal  a  fete, 
and  their  astonishment  is  only  the  prelude  to  their  im- 
patience and  irritation.  Thenceforward  slavery  loses,  in 
their  eyes,  that  kind  of  moral  power  which  it  derived  from 
time  and  hahit  ;  it  is  reduced  to  a  mere  palpable  abuse  of 
force.  The  Northern  States  had.  nothing  to  fear  from  the 
contrast,  because  in  them  the  blacks  were  few  in  number, 
and  the  white  population  was  very  considerable.     But  if 

1790  to  1630  the  irhites  haro  angmented  in  tho  proportion  of  60  to  100,  and 
the  blacks  in  thot  of  100  to  112. 

In  the  United  SUttcs,  in  1B30,  the  population  of  the  two  racct  tloaà  m 

States  whero  ilavery  is  abolished,  6,S65,«34  white*;  130,520  blacks. 
Slave  States  3,960,814  whiles  ;   2,306,103  blacks. 


478  DEHOOUdr  tl  ÀMÈÊtU. 

this  &int  dawn  of  freedom  wtta  to  slunr  two  t^HIffM  ^ 
men  tbeir  true  position,  the  opprewon  wonld  lum  leatetf 
to  tremble.  After  having  eofnuichised  the  childnn  of  tMC 
slaves,  the  Eoropeans  of  die  Soadwm  States  woaU  «1^ 
shortlj  be  oUiged  to  extend  the  same  benefit  to  tho  iriiob 
black  population. 

In  the  North,  as  I  have  alieadj  remarked,  s  twofoM 
migration  enanes  upon  the  abolition  of  slavery,  or  ereh 
precedes  that  event  when  dnnmutances  have  rendered  It 
probable  ;  the  slaves  qnit  the  comitry  to  be  transported 
southwanb  ;  and  the  whites  of  the  Northern  States,  as  wdl 
as  the  emigrants  fnm  Enrc^  hasten  to  fill  their  place. 
But  these  two  causes  cannot  operate  in  the  same  manner 
in  the  Southern  States.  On  the  one  hand,  the  mass  of 
slaves  b  too  great  to  allow  any  expectation  of  their  being 
removed  from  the  country  ;  ami  on  the  other  liand,  the 
Europeans  and  Anglo-Americans  of  the  North  are  afraid 
to  come  to  inhabit  a  country  in  wliicli  labor  has  not  yet 
been  reinstated  in  its  rightful  honors.  Besides,  thev  very 
justly  look  upon  the  States  in  which  the  number  of  the 
Negroes  equals  or  exceeds  that  of  the  wliites*  as  exposed 
to  very  great  dangers  ;  and  they  refrain  from  turning  their 
activity  in  that  direction. 

Thus  the  inhabitants  of  the  South  would  not  be  able, 
while  abolishing  shivery,  like  their  Northern  countrj-men, 
to  initiate  the  slaves  gradually  into  a  state  of  freedom; 
they  Iiave  no  means  of  perceptibly  diminishing  the  black 
population,  and  they  would  remain  unsujtported  to  repress 
its  excesses.  Thus,  in  the  course  of  a  few  years,  a  great 
people  of  fiee  Negroes  would  exist  in  the  heart  of  a  white 
nation  of  equal  size. 

The  same  abuses  of  power  which  now  maintain  slavery 
would  then  become  the  source  of  the  most  alarming  perib 
to  the  white  population  of  the  South.  At  the  present 
time,  tliu  desccndîuita  of  the  Europeans  are  the  sole  own- 


PEESENT  AND  FUTUEB  CONDITION  OF  THE  NEGROES.    479 

ers  of  tbe  land,  and  the  abeolnte  masters  of  all  labor  ;  thej 
alone  possess  wealth,  knowledge,  and  arms.  The  black  is 
destitute  of  all  these  advantages,  bat  can  subsist  without 
them  because  he  is  a  slave.  If  be  were  free,  and  obliged 
to  provide  for  his  own  subsistence,  would  it  be  possible  for 
bim  to  remain  without  these  tilings  and  to  support  life? 
Or  would  not  the  very  instruments  of  the  present  superi- 
ority of  the  white,  whilst  slavery  exists,  expose  him  to  a 
thousand  dangers  if  it  were  abolished  ? 

As  long  as  the  Negro  remiuns  a  slave,  he  may  be  kept 
in  a  condition  not  &r  removed  from  that  of  the  brutes  ; 
but,  with  his  liberty,  he  cannot  but  acquire  a  degree  of 
instruction  which  will  enable  liim  to  appreciate  his  mis- 
fortunes, and  to  discern  a  remedy  for  them.  Moreover, 
there  exists  a  singular  principle  of  relative  justice,  which 
is  firmly  implanted  in  the  human  heart.  Men  are  much 
more  forcibly  struck  by  those  inequalities  which  exist 
within  the  same  class,  than  with  those  which  may  be 
remarked  between  different  classes.  One  can  understand 
davery  ;  but  how  allow  several  millions  of  citizens  to  exist 
under  a  load  of  eternal  infiiiny  and  hereditary  wretched- 
ness ?  In  the  North,  the  population  of  freed  Negroes- 
feels  tlicso  hardships  and  indignities,  but  its  numbers  and 
its  powers  are  small,  whilst  in  the  South  it  would  be 
numerous  and  strong. 

As  soon  as  it  is  admitted  that  the  whites  and  the  eman- 
cipated blacks  are  placed  apon  the  same  territory  in  the 
situation  of  two  foreign  communities,  it  will  readily  be 
nnderetood  that  there  are  but  two  chances  for  the  future  ; 
the  Negroes  and  the  whites  must  either  wholly  part,  or 
wholly  mingle.  I  have  already  expressed  my  conviction 
as  to  tlie  latter  event.*    I  do  not  believe  tliat  the  white 

*  Tliis  opinion  is  uactioned  b;  antboria'cs  inflnitclj  weightier  than  anj- 
ddDg  that  I  can  taj  :  thu»,  fbr  instance,  it  ia  itatcd  in  tho  Memoirs  of  Jat 
tenon,  "SothiDg  is  mors  clevlj  written  in  the  book  of  tlcuLa]  itso.  ^&« 


480  DEMOCRACY  IN  AlfERICA. 

• 

and  black  races  will  ever  live  in  any  conntry  upon  an 
equal  footing.  But  I  believe  the  difficulty  to  be  still 
greater  in  the  United  States  than  elsewhere.  An  isolated 
individual  may  surmount  the  prejudices  of  religion,  of  his 
country,  or  of  his  race  ;  and  if  this  individual  is  a  king, 
he  may  effect  surprising  changes  in  society;  but  a  whole 
people  cannot  rise,  as  it  were,  above  itself.  A  despot  who 
should  subject  the  Americans  and  their  former  slaves  to 
the  same  yoke,  might  perhaps  succeed  in  commin^ing 
their  racesi  ;  but  as  long  as  the  American  democracy 
remains  at  the  head  of  afiairs,  no  one  will  undertake 
so  difficult  a  task  ;  and  it  may  be  foreseen  that,  the  freer 
the  white  population  of  the  United  States  becomes,  the 
more  isolated  will  it  remain.* 

I  have  previously  observed  that  the  mixed  race  is  the 
true  bond  of  union  between  the  Europeans  and  tlie  In- 
dians ;  just  so,  the  Mulattoes  are  the  true  means  of  transi- 
tion between  the  white  and  the  Negro  ;  so  that^  wherever 
Mulattoes  abound,  the  intermixture  of  the  two  races  is  not 
impossible.  In  some  parts  of  America,  the  European  and 
the  Negro  races  are  so  crossed  by  one  another,  that  it  is 
rare  to  meet  with  a  man  who  is  entirely  black,  or  entirely 
white  :  when  they  are  arrived  at  this  point,  the  two  races 
may  really  be  said  to  be  combined,  or,  radier,  to  have  been 
absorbed  in  a  third  race,  which  is  connected  with  both 
without  being  identical  with  either. 

Of  all  Europeans,  tlie  English  are  those  who  have 
nuxed  least  with  the  Negroes.     More  Mulattoes  are  to  be 

emancipation  of  the  blacks  ;  and  it  is  eqnally  certain,  that  tho  two  races  trill 
never  live  in  a  state  of  equal  freedom  under  the  same  government,  so  insur- 
mountable are  the  barriers  which  nature,  habit,  and  opinion  have  established 
between  them." 

*  If  the  Britisli  West  India  planters  had  governed  themselves,  thcv  would 
assuredly  not  have  passed  tho  Slave  Emancipation  Bill  which  tho  mother 
country  has  rcccnlVy  im^wid  u^ioii  them. 


PRESENT   AND   rOTDBE  CONDITION  OF  tBE  SEGBOES.    481 

«een  in  the  Soath  of  the  Union  than  in  the  North,  bat 
infinitely  fewer  than  in  any  other  European  colony  :  Mu- 
lattoes  are  by  no  means  numerous  in  the  United  States  ; 
they  have  no  force  peculiar  to  themselves,  and  when  quar- 
rels originating  in  différencies  of  color  take  place,  they  gen- 
erally side  with  the  whites, — just  as  the  lackeys  of  the 
great  in  Europe  a^ume'  the  contemptuous  airs  of  nobility 
toward  the  lower  ordaiiB. 

The  pride  of  ori^n,  which  is  natural  to  the  English, 
is  singularly  augmented  by  the  personal  pride  which  demo- 
cratic liberty  fosters  amongst  the  Americans  :  the  white 
citizen  of  the  United  States  is  proud  of  his  race,  and  proud 
of  himself.  But  if  the  whites  and  tlie  Negroes  do  not 
intermingle  in  the  North  of  the  Union,  bow  should  they 
mix  in  the  South  ?  Can  it  be  supposed  for  an  instant,  that 
an  American  of  the  Southern  States,  placed,  as  he  must 
forever  bo,  between  the  white  man,  with  all  his  physical 
and  moral  superiority,  and  the  Negro,  will  ever  think  of 
being  confounded  with  the  latter  ?  The  Americana  of  the 
Southern  States  have  two  powerful  passions,  which  will 
always  keep  them  aloof; — the  first  is  the  fear  of  being 
assimilated  to  tlie  Negroes,  their  former  slaves  ;  and  the 
second,  the  dread  of  sinking  below  the  whites,  Uiwr 
neighbors. 

If  I  were  called  upon  to  predict  the  future,  I  should  say 
that  the  abolition  of  slavery  in  the  Sonth  will,  in  the  com- 
mon course  of  things,  increase  the  repugnance  of  the  white 
population  for  the  blacks.  I  found  this  opinion  upon  the 
analogous  observation  Ï  have  already  made  at  theTTôrth. 
I  have  remarked  that  the  white  inhabitants  of  the  North 
avoid  the  Negroes  with  increasing  care,  in  proportion  as 
the  legal  barriers  of  separation  are  removed  by  the  legisla-' 
turc  ;  and  why  should  not  the  same  result  take  place  in 
the  South  ?  In  the  North,  the  whites  are  deterred  from 
intermingling  with  the  blacks  by  an  ima^nary  dan^i  %  ^ 


482  DEHOCRACT   IN  AUEKICA^ 

the  South,  where  the  danger  would  be  real,  I  cannot 
believe  that  the  fear  would  he  less. 

If,  on  the  one  hand,  it  be  admitted  (and  the  fîict  is  nn- 
qnostionable")  tliat  tho  colored  population  por])etiial!y  acco- 
mulat*  in  the  extreme  South,  and  increase  more  rapidly 
than  the  whites  ;  and  if,  on  the  other  hand,  it  bo  allowed 
that  it  is  impossible  to  foresee  a  lime  at  which  the  wliites 
and  tlte  blacks  will  be  so  intermingled  as  to  derive  the 
same  benefits  from  society,  —  mnst  it  not  bo  inferred  that 
the  blacks  and  the  whites  will,  sooner  or  Inter,  come  to 
open  strife  in  the  Southern  States?  But  if  it  be  asked 
what  the  issne  of  the  struggle  is  hkely  to  be,  it  will  rcadJly 
be  understood  that  we  are  here  left  to  vague  conjectures. 
The  human  mind  may  succeed  in  tracing  a  wide  cli-cle,  as 
it  were,  which  includes  the  future  ;  but,  within  that  circle, 
chance  rules,  and  eludes  all  our  foresight.  In  every  pic- 
ture of  the  future  there  is  a  dim  spot  which  the  eye  of 
the  understanding  cannot  penetrate.  It  appears,  liowcver, 
extremely  probable  that,  in  tlie  West  India  Islands,  the 
white  race  is  destined  to  be  subdued,  and,  upon  the  coiiti-. 
nent,  the  blacks. 

In  the  West  India  Islands,  tlie  white  planters  are  isolated 
amidst  an  immense  black  population  ;  on  the  continent,  the 
blacks  are  placed  between  the  ocean  and  an  îiniumei-able 
people,  who  already  extend  above  tliem,  in  a  compact  mass, 
from  the  icy  confines  of  Canada  to  the  frontioi-s  of  Vir- 
ginia, and  from  tlie  banks  of  the  Missouri  to  the  shores 
of  the  Atlantic.  If  the  white  citizens  of  North  America 
i-emain  united,  it  is  difficult  to  believe  that  the  Negroes 
will  escape  the  destruction  which  menaces  thcni  ;  lliey 
must  be  subdued  by  want  or  by  the  swoixl.  But  the 
black  population  accumulated  along  the  coast  of  ihc  Gulf 
of  Mexico  have  a  chance  of  success,  if  the  American  Union 
should  be  dissolved  when  the  struggle  bctMcen  the  two 
races  begins.     The  Federal  tie  once  broken,  tlic  people 


PRISENT   AND   FUTURE  CONDITION  OF  THE  NEGEOES.    48S 

of  the  SoutK  could  not  rely  upon  any  lasting  succor  trom 
their  Northern  countrymen.  The  latter  are  well  aware 
that  the  danger  can  never  reach  them  ;  and  unless  they 
are  constrained  to  march  to  the  assistance  of  the  South  by 
a  positive  obligation,  it  may  be  foreseen  that  tlie  sympathy 
of  race  will  be  powerless. 

Yet,  at  whatever  period  the  strife  may  break  out,  Uie 
whites  of  the  South,  even  if  they  are  abandoned  to  their 
own  resources,  will  enter  the  lists  with  an  immense  supe- 
riority of  knowledge  and  the  means  of  warfare  :  but  the 
blacks  will  have  numerical  strength  and  the  energy  of 
despair  upon  their  side  ;  and  these  are  powerful  resources 
to  men  who  have  taken  up  arms.  The  fiite  of  the  white 
population  of  the  Southern  States  will,  perhaps,  be  similar 
to  that  of  the  Moors  in  Spain.  After  having  occupied 
(the  land  for  centuries,  it  will,  perhaps,  retire  by  degree* 
to  the  country  whence  its  ancestors  came,  and  abandon  to 
the  Negroes  the  possession  of  a  territory  which  Providence 
Lseoms  to  have  destined  for  them,  since  they  con  subsist  and 
llabor  in  it  more  easily  than  the  whites. 

The  clanger  of  a  conflict  between  the  white  and  the 
"black  inhabitants  of  the  Southern  States  of  the  Union  — 
a  danger  which,  however  remote  it  may  be,  is  inevitable  — 
perpetually  haunts  the  imagination  of  the  Americans,  like 
a  painful  dream.  The  inhabitants  of  the  North  make  it  a 
common  topic  of  conversation,  although  directly  they  have 
nothing  fo  fear  from  it  ;  but  they  vainly  endeavor  to  devise 
some  means  of  obviating  the  misfortunes  which  they  fore- 
see, III  the  Southern  States,  the  subject  is  not  discussed  : 
the  planter  does  not  allude  to  the  future  in  conversing  with 
strangers  ;  he  does  not  communicate  his  apprehensions  to 
his  friends,  —  he  seeks  to  conceal  them  from  himself.  But 
there  is  something  more  alarming  in  the  tacit  forebodings 
of  the  South,  than  in  the  clamorous  fears  of  the  North. 

This  all-pervading  disquietude  has  given  birth  to  UlMMÉ 


484  DEMOCRACY   IK  AMERICA. 

dertiking  as  yet  but  little  known,  but  wltich  may  chang» 
the  tnte  of  a  portion  of  the  human  race.  From  appre- 
hension of  the  dangers  which  I  have  just  described,  soma 
Araericiin  citizens  have  formed  &  society  for  the  purpose 
of  exporting  to  the  coa§t  of  Guinea,  at  their  own  expense^ 
such  free  Negroes  as  may  be  willing  to  escape  Iroiii  the 
oppression  to  which  they  arc  subject,"" 

In  1820,  the  society  to  wliich  I  allude  formed  a  settle- 
ment in  Africa,  upon  the  seventh  degree  of  north  latitude, 
which  bears  the  name  of  Liberia.  The  most  recent  intelti- 
gencf  informs  us  that  two  thousand  five  hundred  Negroes 
arc  collected  there.  They  have  introduced  the  democratic 
inatitutious  of  America  into  tlie  country  of  llieîr  fore&tb- 
ers.  Liberia  has  a  rqirescnlative  system  of  government, 
Negro  juiymen,  Negro  mae^sirates,  and  Negro  priests  ; 
churches  have  been  built,  newspapers  estabhshed,  and,  by 
a  singular  turn  in  the  vicissitudes  of  the  world,  white  men 
are  prohibited  from  establishing  themselves  within  the  set- 
tlement, f 

This  is  indeed  a  strange  caprice  of  fortune.  Two  hun- 
dred years  have  now  elapsed  since  the  inhabitants  of  Eu- 
rope undertook  to  tear  the  Negro  from  his  &mi1y  and  his 
home,  in  order  to  transport  liim  to  the  shores  of  North 
America,  Now  the  European  settlers  are  engaged  in 
sending  back  the  descendants  of  those  very  Negroes  to 

•  Tliia  Bocicty  assumoii  the  name  of  "  Tho  Society  for  the  Coloniiarion  of 
the  Blicks."  Sec  its  Aanuiil  Reporla;  and  nioro  particularly  tho  ftftccnth. 
See  also  tlio  pamplilct,  to  wiiich  allusion  hai  alrcaJy  been  niailo,  cnlilled, 
"Letters  OD  tho  Colonization  Society,  and  od  its  probable  Rcaulu,"  by  Mr. 
Carey,  Philadelphia,  April,  1833. 

t  This  last  regulation  was  hiid  down  by  the  foundtm  of  the  scttlcinetit  ; 
they  apprcluindcd  that  a  Btato  of  things  night  arise  JD  Africa,  similar  to 
that  wliich  exists  od  tho  fronticra  of  the  Onitcd  States,  and  that  if  tho  Ne- 
groes, tike  Iho  ludians,  trcro  brought  into  collision  with  a  people  mot« 
eoUghlODol  than  tlicmsclves,  tliey  would  be  destroyed  bcfon:  they  could 
B»  crriliied. 


nUSEMT  AND  PDTUBE  CONDITION  OF  THE  NEGBOES.    486 

tte  conUnent  whence  they  were  originally  taken  :  the  bap- 
barons  Africans  have  learned  civilization  in  the  midst  of 
bondage,  and  have  become  acquainted  with  free  political 
institutions  in  slavery.  Up  to  the  present  time,  Africa 
has  been  closed  against  the  arts  and  sciences  of  tlie  whites  ; 
but  the  inventions  of  Europe  will  perhaps  penetrate  into 
those  regions,  now  that  they  are  introduced  by  Africans 
themselves.  The  settlement  of  Liberia  is  founded  upon  a 
lofty  and  fruitful  idea  ;  but,  whatever  may  be  its  results 
with  regard  to  Africa,  it  can  afford  no  remedy  to  the  New 
World. 

In  twelve  years,  the  Colonization  Society  has  transported 
two  thousand  five  hundred  Kegroes  to  Africa  ;  in  the  sam^ 
■pace  of  time,  about  seven  hundred  thousand  blacks  were 
bom  in  the  United  States.  If  the  colony  of  Liberia 
were  able  to  receive  thousands  of  new  inhabitants  every 
year,  and  if  the  Negroes  were  in  a  state  to  be  sent  thither 
with  advantage  ;  if  the  Union  were  to  supply  the  society 
with  annual  subsidies,*  and  to  transport  the  Negroes  to 
Africa  in  the  vessels  of  the  state,  —  it  would  still  be  un- 
able to  countci'poise  the  natural  increase  of  population 
amongst  the  blacks  ;  and,  as  it  could  not  remove  as  many 
men  in  a  year  as  are  bom  upon  its  territory  within  that 
time,  it  could  not  prevent  the  growth  of  the  evil  which  is 
daily  increasing  in   the   States. f      The   Negro   race  will 

*  Ifor  would  UicM  b«  tbe  only  difficoltici  attendant  upon  the  nndertak- 
ing;  if  tho  Union  undertook  to  buj  np  the  Negroct  now  in  Amcrira,  in 
ordsr  to  traoepoit  Ihcm  to  Afrira,  tbe  price  of  slaves,  inrrcasinf;  with  their 
•carcily,  would  aoon  bocomo  enormons  ;  and  the  Statca  of  the  North  would 
nerer  consent  to  expand  snch  great  sums  for  a  purpose  which  would  proAt 
them  but  litUo.  If  llie  Union  look  posaeseion  of  the  slaves  in  the  Souihem 
States  by  force,  or  at  a  rate  deCennined  by  law,  an  inturmoUDtablc  rosistaUM 
would  rise  in  that  part  of  tbe  country.     Both  coorsea  ate  eqiuttly  k 

t  In  lesOthercwerein  the  United  StatM  1,010,337  slaves  and  313 
blacks,  in  all  !,329,T66  Segioem  :  which  formai  dxniv  oda  Uûi  eft  "^  >« 


486  DEUOCIiAGT  m  AUERICA. 

never  leave  those  shores  of  tlie  American  continent  to 
wbicli  it  was  brought  Ly  the  passions  and  the  vices  of  Eu- 
ropeans ;  and  it  will  not  disappear  from  Uie  New  World 
as  ]ong  aa  it  continues  to  exist.  The  inhabitants  of  the 
United  States  may  retard  tlie  calamities  which  tliey  nppra- 
hend,  but  they  cannot  now  destroy  their  efGcient  cause. 

I  am  obliged  to  confess  that  I  do  not  regard  tlie  aboli- 
tion of  slavery  as  a  means  of  warding  off  the  struggle  of 
the  two  races  in  tlie  Southern  States.  The  Negroes  may 
long  remain  slaves  without  complaining;  but  if  they  ore 
once  raised  to  the  level  of  freemen,  they  wdl  soon  revolt 
at  being  deprived  of  almost  all  their  civil  rightd  ;  and,  as 
they  cannot  become  the  equals  of  tlje  whites,  tliey  will 
speedily  show  tbemselvea  as  enemies.  In  the  North, 
everything  facilitated  the  emancipation  of  the  slaves;  and 
slaveiy  was  abolished  without  rendering  the  free  Negroes 
formidable,  since  their  number  was  too  small  for  them 
ever  to  claim  their  rights.  But  such  is  not  the  case  in 
the  South.  The  question  of  slavery  was  a  commercial 
and  manufacturing  question  for  the  slave-owners  in  the 
North  ;  for  those  of  the  South,  it  is  a  question  of  life 
and  death.  God  forbid  that  I  should  seek  to  justify  the 
principle  of  Negro  slavery,  as  has  been  done  by  some 
American  writers  I  I  say  only,  that  all  the  countries 
which  formerly  adopted  tliat  execrable  principle  are  not 
equally  able  to  abandon  it  at  the  present  time. 

When  I  contemplate  the  condition  of  the  South,  I  can 
only  discover  two  modes  of  action  for  tlie  white  inhab- 
itants of  those  States;  viz.  llilher  to  emancipate  the  Ne- 
groes, and  to  intermingle  with  tliem,  or,  renudning  isolated 
Jrom  them,  to  keep  them  in  slavery  as  long  as  possible. 
All  intermediate  measures  seem  to  me  likely  to  terminate, 
and  that  shortly,  in  the  most  horrible  of  civil  wars,  and 

popnlaiioD  of  tlic  United  Slatea  at  tliat  time.  [To  1 890,  the  oDmben  wen 
9,204,313  slaves  aad  A3t,4Qâ  fna  QQ\oTt&-,V&^,ï,&^,B08.  — Am.  £d.] 


FUTURE  OONDITIOS  OF   THE  NEGROES.    487 

perhacffin  the  extirpatioD  of  one  or  the  other  of  the  two 
races  J  Such  is  the  view  which  the  Americans  of  the 
Soutuftake  of  the  question,  and  they  act  consistently  with 
it.  Aa  they  are  determined  not  to  mingle  with  the  N^ 
groes,  they  refuse  to  emancipate  them. 

Not  that  the  inhabitants  of  the  South  regard  slavery  as 
necessary  to  the  wealtli  of  the  planter  ;  on  this  point, 
many  of  tliem  agree  with  their  Northern  countrymen,  in 
freely  admitting  that  slavery  b  prejudicial  to  their  inter- 
esta ;  but  they  are  convinced  that  the  removal  of  thb 
evil  would  peril  their  own  existence.  The  instruction 
which  is  now  diffused  in  the  South  has  convinced  the 
inhabitants  that  slavery  is  injurious  to  the  slave-owner, 
but  it  has  also  shown  them,  more  clearly  tlian  before, 
that  it  is  almost  an  impossibility  to  get  rid  of  it.  Hence 
arises  a  singular  contrast  ;  the  more  the  utility  of  slavery 
is  contested,  the  more  firmly  is  it  established  in  the  laws  ; 
and  whilst  its  principle  is  gradually  abolished  in  the  North, 
that  sclf-sume  principle  gives  rise  to  more  and  more  rigor- 
ous consequences  in  the  South. 

The  legislation  of  the  Southern  States  with  regard  to 
slaves  presents  at  the  present  day  such  unparalleled  atroci- 
ties as  suffice  to  show  that  the  laws  of  humanity  have 
been  totally  perverted,  and  to  betray  the  desperate  position 
of  the  community  in  wliich  that  legislation  has  been  pro- 
mulgated. The  Americans  of  this  portion  of  the  Union 
have  not,  indeed,  augmented  the  hardships  of  slavery;, 
they  have,  on  the  contrary,  bettered  the  physical  condi- 
tion of  the  slaves.  The  only  means  by  which  the  ancients, 
maintained  slavery  were  fetters  and  death  ;  the  Americans 
of  the  South  of  the  Union  have  discovered  more  intellect- 
ual securities  for  the  duration  of  their  power.  They  have 
employed  their  despotism  and  their  violence  against  the 
human  mind.  In  antiquity,  precautions  were  taken  to  pre- 
vent the  slave  from  breaking  his  chains  ;  at  the  ^n 


488  DEMOGBACT  IN  AICEBICA. 

day,  measures  are  adopted  to  deprive  liim  eveb  of  '  ilie 
desire  of  freedom.  The  ancients  kept  the  bodies  of  their 
slaves  in  bondage;,  but  placed  no  restraint  upon  the  mind 
and  no  check  upon  education  ;  and  they  acted  consbtently 
with  their  established  principle,  since  a  natural  termination 
of  slavery  then  existed,  and  one  day  o!r  other  the  slave 
might  be  set  free,  and  become  the  equal  of  his  master. 
But  the  Americans  of  the  South,  who  do  not  admit  that 
the  Negroes  can  ever  be  commingled  with  themselves, 
have  forbidden  them,  under  severe  penalties,  to  be  taught 
to  read  or  write  ;  and,  as  they  will  not  raise  them  to  their 
own  level,  they  sink  them  as  nearly  as  possible  to  that  of 
the  brutes. 

The  hope  of  liberty  had  always  been  allowed  to  the 
slave,  to  cheer  the  hardships  of  his  condition.  But  the 
Americans  of  the  South  are  well  aware  that  emancipation 
cannot  but  be  dangerous,  when  the  freed  man  can  never 
be  assimilated  to  liis  former  master.  To  give  a  man  hi» 
freedom,  and  to  leave  him  in  wretchedness  and  ignominy, 
is  nothing  less  than  to  prepare  a  future  chief  for  a  revolt 
of  the  slaves.  Moreover,  it  has  long  been  remarked,  that 
the  presence  of  a  free  Negro  vaguely  agitates  the  minds 
of  his  less  fortunate  brethren,  and  conveys  to  them  a  dim 
notion  of  their  rights.  The  Americans  of  the  South  have 
consequently  taken  away  from  slave-owners  the  right  of 
emancipating  their  slaves  in  most  cases,  —  not  indeed  by 
positive  prohibition,  but  by  subjecting  that  step  to  various 
formalities  which  it  is  difficult  to  comply  with. 

I  happened  to  meet  with  an  old  man,  in  the  South  of 
the  Union,  who  had  lived  in  illicit  intercourse  with  one 
of  his  Negresses,  and  had  had  several  children  by  her, 
who  were  born  the  slaves  of  their  father.  He  had,  indeed, 
frequently  thought  of  bequeathing  to  them  at  least  their 
liberty  ;  but  years  had  elapsed  before  he  could  surmount 
the  legal  obstacles  to  their  emancipation,  and  in  the  mean 


PHESENT  AND  FUTUBE  CONDITIOS  OF  THE  NEGROES.    48fl 

while  bis  old  age  was  come,  and  he  waa  about  to  die.  Ha 
■pictured  to  himself  Hb  sons  dragged  from  market  to  mar- 
ket, and  passing  from  the  authority  of  a  parent  to  the  rod 
of  the  stranger,  until  these  horrid  anticipations  worked  his 
expiring  imagination  into  frenzy.  When  I  saw  him,  he 
waa  a  prey  to  all  the  anguish  of  despair  ;  and  I  then  nn* 
derstood  how  awful  is  the  retribution  of  Nature  upon  those 
who  have  broken  her  laws. 

Tlieae  evils  are  unquestionably  great,  but  they  are  the 
necessary  and  foreseen  consequences  of  the  very  principle 
of  modem  slavery.  When  the  Europeans  chose  their 
slaves  from  a  race  differing  from  their  own,  —  which 
many  of,  tliem  considered  aa  inferior  to  the  other  racea 
of  mankind,  and  any  notion  of  intimate  union  with  which 
they  all  repelled  with  horror,  —  they  must  have  believed 
that  slavery  would  last  forever,  since  there  is  no  interme- 
diate state  which  can  be  durable  between  the  excessive 
inequality  produced  by  servitude  and  the  complete  equal- 
ity whicli  originates  in  independence.  The  Europeans  did 
imperfectly  feel  this  truth,  but  without  acknowledging  it 
even  to  tlicmsclves.  Whenever  they  have  had  to  do  with 
Negroes,  their  conduct  has  either  been  dictated  by  their 
interest  and  their  pride,  or  by  th«r  compassion.  They 
first  violated  every  right  of  humanity  by  their  treatment 
of  tlie  Negro,  and  they  afterwards  informed  him  that 
those  rigbta  were  precious  and  inviolable.  They  affected 
to  open  their  ranks  to  the  slaves,  but  the  Negroes  who 
attempted  to  penetrate  into  the  community  were  driven 
back  with  scorn  ;  and  they  have  incautiously  and  invol- 
untarily been  led  to  admit  freedom  instead  of  slavery, 
without  having  the  courage  to  be  wholly  iniquitous,  or 
wholly  just. 

If  it  be  impossible  to  anticipate  a  period  at  which  the 
Americans  of  the  South  will  mingle  their  blood  with  that 
of  the  Negroes,  can  they  allow  ,their  slaves  to  become  frea 


490  DEIIOCEACT  M   AMKMCA. 

■without  compromising  their  own  security  ?  And  if  they 
are  ohltged  to  keep  that  race  in  bondage  in  order  to  save 
tlieir  own  fiimilies,  may  they  not  be  excused  for  aToîIing 
theinselvea  of  tlie  means  best  adapted  to  that  end  ?  The 
events  whicli  are  taking  place  in  the  SontLem  States  ap- 
pear to  me  to  be  at  once  the  most  horrible  and  tlie  most 
natural  résulta  of  slaveiy.  Wlien  I  see  the  order  of  nature 
ovcTibrown,  and  when  I  hear  the  ciy  of  humanity  in  its 
vain  struggle  against  the  laws,  my  indignation  does  not 
liglit  upon  the  men  of  our  own  time  who  avq  the  instru- 
ments of  these  outrages  ;  but  I  reserve  my  execration  for 
those  who,  after  a  thousand  years  of  freedom,  brought 
back  slavfiy  into  the  world  once  more. 

Wliatu'VLT  maybe  the  fflorts  of  the  Americans  of  the 
South  to  maintain  slavery,  they  will  not  always  succeed. 
Slavery,  now  confined  to  a  single  tract  of  the  civilized 
earth,  attacked  by  Christianity  as  unjust,  and  by  political 
economy  as  prejudicial,  and  now  contrasted  with  demi>- 
cratic  liberty  and  the  intelligence  of  our  age,  cannot  sur- 
vive. By  the  act  of  the  master,  or  by  tlie  will  of  the 
slave,  it  will  cease  ;  and,  m  either  case,  great  calamitiea 
may  be  expected  to  ensue.  If  liberty  be  refused  to  the 
Negroes  of  the  South,  they  will,  in  the  end,  forciUy 
seize  it  for  themselves  ;  if  it  be  ^ven,  they  will,  erelong, 
abuse  it. 


CHAHCE5  OF  DUBATION  OF  TEE  UNION. 


What  makos  the  prepoodciant  Force  lio  in  tho  Sûtes  rnlbcr  thaa  in  tb« 
Uiiion.  —  Tlu  Union  will  last  only  u  long  as  all  the  Staisa  chooM  to 
bcloDg  to  it.  —  Caiitca  which  tend  to  ke«p  tbom  anitcd.  —  Ulilitj  of  tba 
Union  to  icaiat  foreign  Eacmica,  and  to  cxclado  Foreigncn  from  Amer- 
ica. —  No  aaCural  Barriers  bctnecn  tt^e  scTcral  States.  —  No  conflictinf* 
Interests  to  divide  ilicm.  —  Reciprocal  latcreita  of  the  Hortheni,  Soncli- 
ertl,  and  Western  Slates.  —  Intellectual  Ties  of  Union.  —  Unifbrmitj  of 
Opinions.  —  Dangers  of  the  Union  reanlling  from  the  diSfcrent  Charae- 
tcTB  and  tho  Passion;  of  its  Citizens.  —  Character  of  tho  Citizens  in  the 
Sooth  and  in  the  North.  —  Tho  rapid  Growth  of  tho  Union  one  of  iia 
greatest  Danger».  — 'Progreaa  of  the  Popalation  to  tho  Northwest.  — 
Power  gravitates  in  tho  same  Direction.  —  Passions  originating  from 
sudden  Turns  of  Fortune. — ^Wliotl^er  the  cjtisliiç  Government  of  the 
Union  tends  lo  gain  Strength,  or  to  lose  it.  —  Various  Signs  of  lis  !)*• 
crease.  —  Internal  Improvements. — Waste  Lands.  —  Indiana.  —  The 
Bank.  —  The  TarilT.  —  General  Jackson. 

The  maintenance  of  the  existing  institutions  of  tlie  sev- 
eral States  depends  in  part  upon  the  maintenance  of  tlie 
Union  itself.  We  must  therefore  first  inquire  into  the 
probable  fete  of  the  Union.  One  point  may  be  assumed 
at  once  :  if  the  present  confederation  were  dissolved,  it 
appears  to  me  to  be  incontestable  that  the  States  of  which 
it  is  now  composed  would  not  return  to  their  original  iso- 
lated condition,  but  that  several  Unions  would  then  be 
formed  in  the  place  of  one.  It  is  not  my  intention  to  in- 
quire into  the  principles  upon  which  these  new  Unions 
would  probably  be  established,  but  merely  to  show  what 
the  causes  are  which  may  effect  the  dismemberment  of  the 
existing  confederation. 

With  tliis  object,  I  shall  be  obliged  to  retrace  some  of 
the  steps  which  I  have  already  taken,  and  to  revert  to 
topics  wliich  I  have  before  discussed.  I  am  aware  that 
the  reader  may  accuse  me  of  repetition,  but  the  impor- 
tance of  the  matter  which  still  remaios  to  \i%  \x«a.\K)^'^  '^^ 


492  DEHOCRjicnr  «  à 

excuse  :  I  had  rallier  say  too  much,  tlian  not  be  thoronglil/ 
understood  ;  and  I  prefer  injuring  tha  author  to  sighting 
the  subject. 

Tlie  legislators  who  formed  the  Comtitntioo  of  1786 
endeavored  to  confer  a  separate  existence  and  superior 
strength  npon  flie  federal  power.  But  they  were  con- 
fined by  the  conditions  of  the  task  which  they  had  under- 
taken to  pci'fonn.  They  were  not  appointed  to  constitute 
ttic  government  of  a  single  people,  but  to  regulate  the 
association  of  several  Slates  ;  and,  whatever  their  inclina- 
tions might  be,  they  could  not  but  ivide  tlie  exercise  of 
sovereignty. 

In  order  to  understand  the  consequences  of  this  division, 
it  is  necessary  to  make  a  short  distinction  between  the 
iiitictiuiis  of  guvenimeiit.  Tiiere  are  sumo  objecta  «bich 
are  national  by  their  very  nature,  —  that  is  to  say,  which 
affect  the  nation  as  a  whole,  and  can  only  be  intrusted 
to  tlie  man  or  tlie  assembly  of  men  who  most  completely 
represent  the  entire  nation.  Amongst  these  may  be  reck-, 
oned  war  and  diplomacy.  There  are  other  objects  which 
are  provincial  by  their  very  nature,' —  that  is  to  say,  which 
only  affect  certain  localities,  and  which  can  only  be  prop- 
erly treated  in  that  locahty.  Such,  for  instance,  is  the 
budget  of  a  municipality.  Lastly,  tliere  are  objects  of 
a  mixed  nature,  which  are  national  inasmuch  as  they  affect 
all  the  citizens  who  compose  the  nation,  and  which  are 
provincial  inasmuch  as  it  is  not  necessary  that  the  nation 
itself  should  provide  for  them  all.  Such  are  the  rights 
which  regulate  the  civil  and  political  condition  of  tlie  citi- 
zens. No  society  can  exist  without  civil  and  political 
rights.  These  rights,  therefore,  interest  all  the  citizens 
alike;  but  it  is  not  always  necessary  to  the  existence  and 
the  prosperity  of  the  nation  that  these  rights  should  bo 
'mtiform,  nor,  consequently,  that  they  should  be  regulated 
Igr  the  central  auUiorit^. 


CHAMCES  OF  DUEATIOS  OF  THE  UNION.      498 

There  are,  tlien,  two  distinct  categories  of  objects  which 
arc  submitted  to  the  sovereign  power;  and  these  are  found 
in  all  well-constituted  communities,  whatever  may  be  tb» 
basis  of  the  political  constitution.  Between  these  two 
extremes,  the  objects  which  I  have  termed  mixed  may  be 
considered  to  lie.  As  these  are  neither  exclusively  national 
nor  entirely  provincial,  the  care  of  them  may  be  given  to 
a  national  or  a  provincial  government,  according  to  the 
agreement  of  the  contracting  parties,  without  in  any  way 
impairing  the  object  of  association. 

The  sovereign  power  is  usually  formed  by  the  union 
of  individuals,  who  compete  a  people;  and  individual 
powers  or  collective  forces,  each  representing  a  small 
fraction  of  the  sovereign,  are  the  only  elements  which  are 
founa  under  the  general  government.  In  this  case,  the 
general  government  is  more  naturally  called  upon  to  regi>- 
late,  not  only  those  afïairs  which  are  essentially  national, 
but  most  of  those  which  I  have  called  mixed  ;  and  the 
local  governments  are  reduced  to  that  small  share  of 
sovereign  authority  wliich  is  indispensable  to  their  welL- 
being. 

But  sometimes  the  sovereign  authority  is  composed  of 
pre-organized  political  bodies,  by  virtue  of  circumstances 
anterior  to  their  union;  and,  in  this  case,  the  provincial 
governments  assume  the  control,  not  only  of  those  affaira 
which  more  peculiarly  belong  to  them,  but  of  all  or  a  part 
of  the  mixed  objects  in  question.  For  the  confederate  na- 
tions, which  were  independent  sovereignties  before  their 
union,  and  which  still  represent  a  considerable  share  of 
the  sovereign  power,  have  consented  to  cede  to  the  gen- 
eral government  the  exercise  only  of  those  rights  wliich 
are  indispensable  to  the  Union. 

When  the  national  government,  independently  of  the 
prerogatives  inherent^  in  its  nature,  is  invested  with  the 
right  of  regulating  the  mixed  objects  of  Kov^xrâ^j^v'iw 


494  DIlMOCfiACT  IK  AKCRICA. 

possesses  ft  prcpondrrant  infliience.  Not  only  are  its  own 
nfi]it!i  «•xbMisivp,  but  all  the  rights  which  it  does  not  po»- 
•raf  exist  br  its  sufTcraiK'c  ;  and  it  is  to  bo  fi-aivd  that  the 
urovinrkl  porermo«nts  maj  he  dcprii-ed  by  it  of  tiieir 
natural  «n<l  m-iiesMiry  prerogatives. 

Wlwn,  on  tin-  other  hand,  the  proi-încial  govemmcnts 
atv  in\T.'«tcd  with  the  power  of  n.'piilntinK  tliaw  samo  a£~ 
ttÎK  rf  «oiiwJ  interest,  an  oppwiie  tendi^iU'v  provaila  in 
Wvktr.  Th«  prepondorant  fi>rrc  resides  in  the  pl■o^^nce, 
Ik4  in  tho  nation  ;  and  it  nuiy  be  apprehended  tliat  the 
national  government  may,  in  the  end.  be  stripped  of  the 
privili>}?w  which  are  necessary  to  iu  existence. 

Sinj^  nation*  have  therefore  a  natnral  tendency  to  cen- 
IntUnilion,  and  confederations  to  dismemberment. 

It  now  remains  to  apply  thene  gontral  princijiles  to  the 
American  Union.  The  several  States  necessarily  retained 
the  right  of  regulating  all  purely  provincial  affairs.  Mop&- 
(rt-cr,  these  same  States  kept  the  rights  of  determining  the 
civil  and  political  competency  of  the  citizens,  of  regulating 
the  reciprocal  relations  of  the  members  of  the  community, 
and  of  dispensing  justice,  —  rights  which  are  general  in 
their  nature,  but  do  not  necessarily  appertain  to  the  na- 
tional government.  We  have  seen  that  the  government 
of  the  Union  is  invested  with  the  power  of  acting  in  the 
name  of  the  whole  nation,  in  those  cases  in  which  the  na- 
tion has  to  appear  as  a  single  and  undivided  power;  as, 
for  instance,  in  foreign  relations,  and  in  offering  a  common 
resistance  to  a  common  enemy  ;  in  short,  in  conductjng 
those  affairs  which  I  have  stjled  exclusively  national. 

In  this  division  of  the  rights  of  sovereignty,  the  share 
of  the  Union  seems  at  first  sight  more  considerable  than 
that  of  the  States,  but  a  more  attentive  investigation  shows 
it  to  be  less  so.  The  undertakings  of  the  government  of 
the  Union  are  more  vast,  but  it  has  less  frequent  occasion 
to  act  at  all.    Those  of  the  provincial  governments  are 


CHANCES  OP  DURATION   OF  THE  UNION.  495 

comparatively  small,  but  they  are  incessant,  and  they  keap 
alive  the  authority  which  they  represent.  The  govern- 
ment of  the  Union  watches  over  Ae  general  interests  of 
the  country  ;  but  the  general  interests  of  a  people  have  bnt 
a  questionable  influence  upon  mdividual  happiness,  whilst 
provincial  iaiterests  produce  an  immediate  effect  upon  the 
welfiire  of  the  inhabitants.  The  Union  secures  tlie  inde- 
pendence and  the  greatness  of  the  nation,  which  do  not 
immediately  affect  private  citizens  ;  but  the  several  States 
maintain  the  liberty,  regulate  the  rights,  protect  tlie  for- 
tune, and  secure  the  life  and  the  whole  future  prosperity, 
of  eveiy  citizen. 

The  Federal  government  is  far  removed  from  its  sub- 
jects, whilst  the  provincial  governments  are  within  the 
reach  of  them  all,  and  are  ready  to  attend  to  the  smallest 
appeal.  The  central  government  has  upon  its  side  the 
passions  of  a  few  superior  men  who  aspire  to  conduct  it  ; 
but  upon  the  side  of  the  provincial  governments  are  the 
interests  of  all  those  second-rate  individuals  who  can  only 
hope  to  obtain  power  within  their  own  State,  and  who 
nevertheless  exercise  more  authority  over  tlie  people  be- 
cause they  arc  nearer  to  them. 

The  Americans  have,  therefore,  much  more  to  hope  and 
to  fear  from  the  States  than  from  the  Union  ;  and,  accord- 
ing to  the  natural  tendency  of  the  human  mind,  they  are 
more  likely  to  attach  themselves  strongly  to  the  fonner 
than  to  the  latter.  In  this  respect,  their  habits  and  foel- 
higs  harmonize  with  their  interests. 

When  a  compact  nation  divides  its  sovereignty,  and 
adopts  a  confederate  form  of  government,  the  traditions, 
the  customs,  and  the  manners  of  the  people  for  a  long  time 
struggle  against  the  laws,  and  give  an  influence  to  the  cen- 
tral govcniincnt  which  the  laws  forbid.  But  wlien  a  num- 
ber of  confederate  states  unite  to  form  a  single  nation,  the 
Bime  causes  operate  in  an  opposite  direction.     I  have  ua 


496  SiBMOCEACT  IK  AMEBIGÂ, 

doabt  that,  if  France  were  to  become  a  confederafte  tépà^ 
lie  like  that  of  the  United  States,  the  government  wooU 
flt'&rftt  be  more  energetic  thfli  that  of  the  Union  ;  and  if 
the  Union  were  to  alter  its  constitatioii  to  a  monarchy  fib 
that  of  France,  I  think  that  the  American  gorenmHiit 
wonld  long  remain  weaker  than  the  French.  When  the 
national  existence  of  the  An^o-Amerifeans  b^an,  their 
provincial  existence  was  already  of  IcHig  standing  :  neces- 
sary relations  were  estaUished  between  the  townships  attd 
the  individnad  citieens  of  the  same  States  ;  and  they  weMr 
accostomed  to  consider  some  objects  as  common  to  am 
all,  and  to  conduct  other  affidrs  as  exclusively  relaling  t» 
dieir  own  special  interests. 

The  Union  is  a  vast  body,  which  presents  no  definite 
object  to  patriotic  feeling.  The  forms  and  limits  of  the 
state  are  distinct  and  circumscribed,  since  it  represents 
a  certain  number  of  objects  which  are  familiar  to  the  citi- 
zens, and  dear  to  them  all.  It  is  identified  with  the  soil  ; 
with  the  right  of  property  and  the  domestic  affections; 
with  the  recollections  of  the  past,  the  labors  of  the  pres- 
ent, and  the  hopes  of  the  fixture.  Patriotism,  then,  which 
is  frequently  a  mere  extension  of  individual  selfishness,  is 
still  directed  to  the  State,  and  has  not  passed  over  to  the 
Union.  Thus,  the  tendency  of  the  interests,  the  habits, 
and  the  feelings  of  the  people  is  to  centre  political  activity 
in  the  States  in  preference  to  the  Union. 

It  is  easy  to  estimate  the  different  strength  of  the  two 
governments,  by  remarking  the  manner  in  which  they  ex- 
ercise their  respective  powers.  Whenever  the  government 
of  a  State  addresses  an  individual  or  an  assembly  of  indi- 
viduals, its  language  is  clear  and  imperative,  —  and  such  is 
also  the  tone  of  the  Federal  government  when  it  speaks 
to  individuals  ;  but,  no  sooner  has  it  anything  to  do  with 
a  State,  than  it  begins  to  parley,  to  explain  its  motives  and 
justify  its  conduct,  to  argue,  to  advise, -and,  in  short,  any* 


CHANCES  OF  DUBATION  OF  THE  UNION.  497 

thing  but  to  command.  If  doubts  are  raised  as  to  the 
limits  of  the  constitudonal  powers  of  either  government, 
the  provincial  government  prefers  its  claim  with  boldness, 
and  takes  prompt  and  energetic  steps  to  support  it.  Mean- 
while the  government  of  the  Union  reasons  ;  it  appeals  to 
the  interests,  the  good  sense,  the  glory  of  the  nation  ;  it 
temporizes,  it  negotiates,  and  does  not  consent  to  act  until 
it  is  reduced  to  the  last  extreÉiitj.  At  first  sight,  it  might 
readily  be  imagined  that  it  is  the  provincial  government 
which  is  armed  with  the  authority  of  the  nation,  and  that 
Congress  represents  a  single  State. 

The  Federal  government  is,  therefore,  notwithstanding 
the  precautions  of  those  who  founded  it,  naturally  so  weak, 
that,  more  than  any  other,  it  requires  the  free  consent  of 
the  governed  to  enable  it  to  subsist.  It  is  easy  to  perceive 
that  its  object  is  to  enable  the  States  to  realize  with  fiicilily 
their  determination  of  remaining  united  ;  and,  as  long  as 
this  preliminary  condition  exists,  it  is  wise,  strong,  and 
active.  The  Constitution  fits  the  government  to  control 
individuals,  and  easily  to  surmount  such  obstacles  as  they 
maj-  be  inclined  to  offer,  but  it  was  by  no  means  established 
with  a  view  to  the  possible  voluntary  separation  of  one  or 
more  of  the  States  from  the  Union. 

If  the  sovereignty  of  the  Union  were  to  engage  in 
a  struggle  with  that  of  the  States,  at  the  present  day,  its 
defeat  may  be  confidently  predicted  ;  and  it  is  not  probable 
that  such  a  struggle  would  be  seriously  undertaken."     As 

*  The  e^vat  «trn^rgle  vhich  la  now  going  on  (ISS2),  and  a  greater  one  U 
nowhere  recorded  in  history,  proTea  that  U.  de  Tocqnerillo  overlooked  one 
gnat  obataclo  to  (ho  dismemberment  of  the  Union.  This  is  found  in  tha 
■troag  attachment  of  the  remaining  tnembera  of  the  federation,  who  rcain 
to  the  death  the  attempt  of  thoir  sister  State»  to  withdraw,  lirat,  bcranse  tha 
orignal  compact  bctiroen  them  made  no  provision  for  such  withdrawal  oxc^ 
bj  the  Toluniary  consent  of  the  greater  number;  and  secondly  and  chieHv, 
because  the  remaining  Slates,  who  are  the  large  mtyotit?,  are  not  willing  to 
•Uow  tliD  inteieats,  the  power,  and  the  glory  of  all  (o  bo  ut^û&ai&'o';  'iub  vdh 


498  DEMOCBACY  IN  AMEBICA, 

often  as  a  steady  resistance  is  offered  to  the  Federal  go^ 
eminent,  it  will  be  found  to  yield.  Experience  has  hJtb- 
erto  shown  tliat,  whenever  a  State  has  dcmaiidtid  anything 
with  perseverance  and  reaoluùon,  it  has  invariably  sno- 
ceeded  ;  and  that,  if  it  has  distinctly  refused  to  act,  it  was 
left  to  do  as  it  thought  fit." 

But  even  if  the  government  of  the  Union  had  any 
strength  inherent  in  itself,  the  physical  situation  of  the 
country  would  render  the  exercise  of  that  strength  very 
difficult. t  Tlie  United  States  cover  an  immense  territory, 
they  are  separated  fVotn  each  other  by  great  distances,  and 
the  population  is  disseminated  over  the  surface  of  a  conn- 
try  which  la  atill  half  a  wilderness.  If  the  Union  were 
to  undertake  to  enforce  by  arms  the  allegiance  of  the 
confederate  States,  it  would  be  in  a  position  Tery  analo- 
gous to  that  of  England  at  the  time  of  tlie  war  of  in- 
dependence. 

However  strong  a  government  may  be,  it  cannot  eanly 
escape  fi:om  the  consequences  of  a  principle  which  it  has 
>once  admitted  as  the  foundation  of  its  constitation.  The 
^Union  was  formed  by  the  voluntary  agreement  of  the 
States  ;  and  these,  in  uniting  together,  have  not  forfeited 
their  nationality,  nor  have  they  been  reduced  to  the  con- 

of  a  few.  They  thus  »ct  in  strict  acconlain*  wiUi  their  own  npnblinn  prio- 
dple,  that  the  wiU  of  the  majoritj,  duly  aBocrtaincd  and  cxpiVBsed  io  die 
manDer  and  under  the  limitaiioiis  proscribed  by  the  Constitution,  bIuU  b« 
tlie  nltiniAte  and  Bupremc  law,  from  which  there  con  be  no  appeal.  And  thii 
determination  ihey  »re  now  manifestiag  with  a  unaoimily  and  energy  gnch 
•B  no  natisa  haa  ever  before  shown  in  defence  ofita  (^OTomment.  —  An.  En. 
•  See  the  oandnct  of  the  Northern  Sute»  in  the  war  of  1812.  "During 
1^  war,"  says  Jeflênon  in  a  letter  to  General  Lafayette,  "  fonr  of  the  EiM- 
cm  States  were  only  attached  to  the  Union  like  so  many  inanimate  bodiet  lo 

t  The  profbnnd  peace  of  the  Union  aObrds  no  pretext  lor  a  irtanding  army  ; 
d  wilboot  B  atanding  anny,  a  goTemment  ii  not  prepared  fo  profit  by  a 
o  conqoer  résistance,  and  take  the  eOTCteign  power  by 


CHAMCES  or  DURATION  OF  THE  UNION.  499 

âidon  of  one  and  the  same  people.  If  one  of  the  States 
chose  to  nithdraw  its  name  from  the  contract,  it  would 
be  difficult  to  disprove  its  right  of  doing  so,*  and  the 
Federal  government  would  have  no  means  of  maintaining 
its  claims  directly,  either  by  force  or  by  right.  In  order 
to  enable  the  Federal  government  easily  to  conquer  the 
resistance  which  may  be  oâered  to  it  by  any  of  its  sub- 
jects, it  would  be  necessary  that  one  or  more  of  them 
should  be  specially  interested  in  the  existence  of  the 
Union,  as  has  frequently  been  the  case  in  the  history 
of  confederations. 

If  it  be  supposed  that  amongst  the  States  which  are 
united  by  the  Federal  tie  there  are  some  which  exclusively 
enjoy  the  principal  advantages  of  union,  or  whose  prosper- 
ity entirely  depends  on  the  duration  of  that  union,  it  is 
unquestionable  that  they  will  always  be  ready  to  support 
the  central  government  in  enforcing  the  obedience  of  the 
others.  But  the  government  would  then  be  exerting  a 
force  not  derived  from  itself,  but  frwm  a  principle  contrary 
to  its  nature.  States  form  confederations  in  order  to  de- 
rive equal  advantages  from  their  union  ;  and  in  the  case 
just  alluded  to,  the  Federal  government  would  derive 
its  power  from  the  unequal  distribution  of  those  benefits 
amongst  the  States, 

If  one  of  the  confederate  States  have  acquired  a  prepon- 
derance sufficiently  great  to  enable  it  to  take  exclusive  pos- 
session of  the  central  authority,  it  will  consider  the  other 
States  as  subject  provinces,  and  will  cause  its  own  suprem- 
acy to  be  respected  under  the  borrowed  name  of  the  sov- 
ereignty of  the  Union.  Great  things  may  then  be  done 
in  the  name  of  the  Federal  government,  but,  in  reality, 

*  It  il  (non);''  '"''*  '"  '*T  ''>  i^P'Tt  tlwt  the  opinion  of  Our  {jreatcst  law- 
men and  natcamcn,  lùniticd  by  repeated  jndgmoDta  of  the  Sapreme  Coiii% 
il,  diM  B  8iate  ha«  no  right  under  the  ConitimtioD  roloniBril;  to  Mceds 
&om  tba  IFnion.  —  Am.  Ed. 


^0  DEIIOCRACT  IM  ASŒUCA. 

that  goveratnent  w31  liave  ceased  to  exist.*  In  both  these 
CBac«,  tlio  power  nhicli  acts  in  the  namu  of  the  coiitèdeia- 
tion  becomes  stronger  tlie  more  it  abandons  the  natural 
ataie  and  tiie  acknowledged  principlos  of  confederations. 

In  Aincrica,  the  existing  Union  is  advantageous  to  all 
the  States,  but  it  is  not  indispensable  to  any  one  of  them. 
Several  of  them  might  break  the  Federal  tie  without  com- 
promising the  welfiire  of  the  others,  although  the  sum  of 
their  joint  prosperity  would  be  less.  As  the  existence  and 
the  happiness  of  none  of  the  States  ai-e  wholly  dependent 
on  the  present  Constitution,  they  would  none  of  tliem  be 
disposed  to  make  great  personal  sacrifices  to  maintain  it. 
On  the  other  hand,  there  is  no  State  which  seems  hitherto 
to  have  its  ambition  much  interested  in  the  maintenance 
of  the  existing  Union.  They  certainly  do  not  all  esoR'ise 
the  same  influence  in  the  Federal  councils-;  but  no  one 
can  liope  to  domineer  over  the  rest,  or  to  treat  them  as 
its  inferiors  or  as  its  subjects. 

It  appears  to  me  unquestionable,  that,  if  any  portion  of 
the  Union  seriously  desired  to  separate  itself  from  the  other 
States,  tliey  would  not  be  able,  nor  indeed  vrould  they 
attempt,  to  prevent  it  ;  and  that  the  present  Union  will 
only  last  as  long  as  the  States  which  compose  it  choose 
to  continue  members  of  the  confederation.  If  this  point 
be  admitted,  the  question  becomes  less  difBcult  ;  and  our 
object  is,  not  to  inquire  whether  the  States  of  the  existing 
■Union  are  capable  of  separating,  but  whether  they  will 
choose  to  remain  united. 

Amongst  the  various  reasons  which  tend  to  render  the 
existing  Union  useful  to  the  Americans,  two  principal 
ones  are  especially  evident  to  tlie  observer.     Although  the 

*  Thus  the  provinca  of  Holland,  in  the  republic  oT  the  Loir  Coantrios,  sad 
■be  Emperor  in  tho  Germanic  Confederation,  ham  aotncdmei  pot  thenuelvn 
in  the  place  of  (ho  Union,  oni]  have  employed  the  federal  anthOTttjr  to  tlraii 
own  sdvanuge. 


CHANCES   01   DUBATION  OF  THB  UNION.  601 

Americans  are,  as  it  were,  alone  upon  their  continent,  ctmi- 
merce  gives  them  for  neighbors  all  thi;  nations  with  which 
they  trade.  Notwithstanding  their  apparent  isolation,  then, 
the  Americans  need  to  be  strong,  and  they  can  be  strong 
only  by  remaining  united.  If  the  States  were  to  split, 
they  would  not  only  diminish  the  strength  which  they  now 
have  against  foreigners,  but  they  would  soon  create  foreign 
powers  upyn  their  own  territory.  A  system  of  inland  cus- 
tom-houses would  then  be  established  ;  the  valleys  would 
be  divided  by  imaginary  boundary  lines  ;  the  courses  of 
the  rivers  would  be  impeded,  and  a  midtitude  of  hin- 
drances would  prevent  the  Americans  from  using  that  vast 
continent  which  Providence  has  given  them  for  a  dominion. 
At  present,  they  have  no  invasion  to  fear,  and  consequently 
□o  standing  armies  to  maintEun,  no  taxes  to  levy.  If  the 
Union  were  dissolved,  all  these  burdensome  things  would 
erelong  be  required.  The  Americana  are,  then,  most 
deeply  interested  in  the  maintenance  of  their  Union.  On 
the  other  hand,  it  is  almost  impossible  to  discover  any 
private  interest  which  might  now  tempt  a  portion  of  the 
Union  to  separate  from  the  other  States. 

When  we  cast  our  eyes  upon  the  map  of  the  United 
States,  we  perceive  the  chain  of  the  Alleghany  Mountains, 
runniug  from  the  northeast  to  the  southwest,  and  cross- 
ing nearly  one  thousand  miles  of  country  ;  and  we  are  led 
to  imagine  that  the  design  of  Providence  was  to  raise,  be- 
tween the  valley  of  the  Mississippi  and  the  coasts  of  the 
Atlantic  Ocean,  one  of  those  natural  barriers  wliich  break 
the  mutual  intercourse  of  men,  and  form  the  necessary 
limits  of  different  States.  But  the  average  height  of  the 
Alleghanies  does  not  exceed  2,500  feet.  Their  rounded 
summits,  and  the  spacious  valleys  which  they  enclose  with- 
in their  passes,  are  of  easy  access  in  several  directions. 
Besides,  the  principal  rivers  which  fall  into  the  Atlantic 
Ocean,  the  Hudson,  the  Susquehanna,  and  the  Patam&R.^ 


502  UEuocBAa'  m  ameuca. 

take  tlit-ir  rise  bcyood  iLe  Allégeâmes,  in  an  open  elevated 
plain,  which  biirJera  upun  the  vallej'  of  the  Mi&&iââippi. 
Tliese  stream»  quit  this  tract  of  counlrj",  mako  tljeir  way 
tlirough  die  barrier  wliich  would  aeem  to  turn  them  west- 
waixl,  and,  as  they  wind  through  the  mountains,  open  as 
easy  and  natural  {)as3age  to  roan. 

No  natural  barrier  divides  tlie  n^ons  whidi  arc  now 
inhabited  by  tlie  Anglo-Americans;  tlie  Alleghanies  are 
BO  ùr  from  separating  nations,  that  they  do  not  even  divide 
different  States.  New  York,  Pennsylvania,  and  Vii^gioia 
comprise  them  within  their  borders,  and  extend  us  much 
to  the  west  as  to  tlie  east  of  the  line. 

The  territory  now  occupied  by  the  twenty-four  States 
of  the  Union,  and  tlie  three  great  districts  which  have  not 
yet  acquired  the  rank  of  States,  although  they  already 
contain  inbabitanLs,  covers  a  surface  of  1,002,600  square 
miles,"  which  is  aboul  equal  to  five  times  the  extent  of 
France.  Within  these  limils  the  quality  of  the  soil, 
the  temperature,  and  the  produce  of  the  country,  are  ex- 
tremely various.  The  vast  extent  of  territory  occupied  hy 
the  Anglo-American  republics  has  given  rise  to  doubts  as  to 
the  maintenance  of  their  Union.  Here  a  distinction  muat 
be  made  ;  contrary  interests  sometimes  arise  in  the  differ^ 
ent  provinces  of  a  vast  empire,  which  often  terminate  in 
open  dissensions  ;  and  the  extent  of  the  country  is  then 
most  prejudicial  to  the  duration  of  the  state.  But  if  the 
inhabitants  of  these  vast  regions  are  not  divided  by  con- 
trary interests,  the  extent  of  the  territory  is  favorable  to 

•  See  Darliy'B  View  of  the  XJiutcd  Slatet,  p.  435.  [In  1B60  the  nnmher 
of  Slalcs  hfti  inrreiBed  to  34  ;  the  popolation  to  31,000,000,  and  the  anm  of 
the  Sûtes.  3.1  S9,000  «|n»re  rail».  —  EnglUh  TraiiJaior'M  Ni^]  [And  no* 
IhU  the  United  Slates  comprise  a  Taat  region  bordering-  on  the  PadSc  Ocean, 
the  Hockf  Mountains,  and  the  barren  and  moancainous  coonti;  adjacent  n 
them,  form  a  great  oaiural  barrier  between  the  eaalcm  and  «eMeni  poitiom 
of  the  Union.  —  Aa.  En.) 


1 


CEANCES  OF  DUBATION  OF  THE  UNION.  50S 

tfaeir  prosperity  ;  for  tlie  nni^  of  the  government  prc^  ^ 
motes  the  interchange  of  the  different  productions  of  the 
soil,  and   increases   their  value  by  &cihating   their  con- 
somption. 

It  is  indeed  easy  to  discover  different  interests  in  the 
different  parts  of  the  Union,  bnt  I  am  unacquainted  with 
any  which  are  hostile  to  each  other.  The  Southern  States 
are  ahnost  exclusively  agricultural.  The  Northern  States 
are  more  peculiarly  commercial  and  manufecturing.  The 
States  of  the  West  arc,  at  the  same  time,  agricultural  and 
manufacturing.  In  the  South,  the  crops  consist  of  tobacco, 
rice,  cotton,  and  sugar  ;  in  the  North  and  the  West,  of 
wheat  and  maize  :  these  are  diffèrent  sources  of  wealth  ; 
but  union  is  the  means  by  which  these  sources  are  opened 
and  rendered  equally  advantageous  to  all. 

The  North,  wliich  ships  the  produce  of  the  Anglo- 
Americans  to  all  parts  of  the  world,  and  brings  back  the 
produce  of  the  globe  to  the  Union,  is  evidently  interested 
in  maintaining  the  confederation  in  its  present  condition, 
in  order  that  the  number  of  American  producers  and  con- 
sumers may  remain  as  large  as  possible.  The  North  is  the 
most  natural  agent  of  commanication  between  the  South 
and  the  West  of  the  Union  on  the  one  hand,  and  the  rest 
of  the  world  upon  the  other  ;  the  North  ia  therefore  inters 
ested  in  the  union  and  prosperity  of  the  South  and  the 
West,  in  order  tliat  they  may  continue  to  furnish  raw  ma^ 
terials  for  its  manufactures,  and  cargoes  for  its  shipping. 

The  South  and  the  West,  on  their  side,  are  still  mor» 
directly  interested  in  the  preservation  of  the  Union  and 
the  prosperity  of  the  North.  The  produce  of  the  South 
is,  for  the  moat  part,  exported  beyond  seas  ;  the  South  and 
the  West  consequently  stand  in  need  of  the  commercial 
resources  of  the  North.  They  are  likewise  interested  in 
the  maintenance  of  a  powerful  fleet  by  the  Union,  to  pro- 
tect them  efficaciously.     The  South  and  the  Wo&tVjK^^^^ 


504  DEMOCBAOY  IN  AJIEBICA. 

vessels,  but  willingly  contribute  U>  tLe  expense  of  a  nxTj, 
for  if  tilt;  flcfts  of  Europe  were  to  blockade  tlie  ports  of 
the  Suutli  and  the  delta  of  the  Mississippi,  wliat  wunid 
becoino  of  the  rice  of  the  Carolinas,  the  tobacco  of  Vif- 
^ni»,  and  the  sugar  and  cotton  which  grow  in  the  valley 
of  tlie  Mississippi  ?  Every  portion  of  the  Federal  budget 
does,  therefore,  contribute  to  the  maintenance  of  material 
interests  which  are  common  to  all  the  citiitédentte  States. 

Indojiendently  of  this  commercial  utility,  the  Soutli 
the  West  derive  great  political  advantages  from  their  uni 
with  each  other  and  with  the  North.  The  South  eoni 
an  enonnoos  slave  population,  —  à  population  wliich  b 
ready  alarming,  and  still  more  formidable  for  the  tiitm 
The  States  of  the  West  occupy  a  single  valley  ;  the  rivers 
which  intersect  their  territory  rise  in  the  Rocky  Mountains 
or  in  the  Alleghanies,  and  &11  into  the  Mississippi,  which 
bears  them  onwards  to  the  Gulf  of  Mexico.  The  Western 
States  are  consequently  entirely  cut  off,  by  their  position, 
from  the  traditions  of  Europe  and  the  civilization  of  the 
Old  World.  The  inhabitants  of  the  South,  then,  are  in- 
duced to  support  the  Union  in  order  to  avail  themselves 
of  its  protection  against  the  blacks  ;  and  the  inhabitants  of 
the  West,  in  order  not  to  be  excluded  from  a  free  commu- 
nication with  the  rest  of  the  globe,  and  shut  up  in  the  wilds 
of  central  America,  The  North  cannot  but  desire  the 
maintenance  of  the  Union,  in  order  to  remain,  as  it  now 
is,  the  connecting  link  between  that  vast  body  and  the 
other  parts  of  the  world. 

The  material  interests  of  all  the  parts  of  the  Union  are, 
then,  intimately  connected  ;  and  the  same  assertion  holds 
true  respecting  those  opinions  and  sentiments  which  may 
be  termed  the  immaterial  interests  of  men. 

The  inhabitants  of  the  United  States  talk  much  of  their 
attachment  to  their  country  ;  but  I  confess  that  I  do  not 
rely  upon   that  calcul&lm^  ^^.triotism.  which  .is  founded 


lerial 


v^  .  '^^^^1 


CHANCES  OF  DUKATION  OF  THE   UKIOH.  606 

npon  interest,  and  wMch  &  change  in  the  interests  may 
destroy.  Kor  do  I  attach  mach  importance  to  the  lan- 
guage of  the  Americans,  when  they  manifest,  in  their  diuly 
conversation,  the  intention  of  maintaining  tlie  Federal  sys- 
tem adopted  by  their  fore&thers.  A  government  retains 
its  sway  over  a  great  number  of  citizens  far  less  by  the 
voluntary  and  rational  consent  of  the  multitude,  than  by 
that  instinctive,  and  to  a  certain  extent  involuntary,  agree- 
ment which  results  from  similarity  of  feelings  and  resem- 
blances of  opinion.  I  will  never  admit  that  men  constitute 
a  social  body  simply  because  they  obey  the  same  head  and 
the  same  laws.  Society  can  only  exist  when  a  great  num- 
ber of  men  consider  a  great  number  of  things  under  the 
same  aspect,  when  they  bold  the  same  opinions  upon  many 
subjects,  and  when  the  same  occurrences  suggest  the  some 
thoughts  and  impressions  to  tlieir  minds. 

The  observer  who  examines  what  is  passing  in  the 
United  States  upon  this  principle,  will  readily  discover 
that  tlieir  inhabitanlfi,  though  divided  into  twenty-four 
distinct  sovereignties,  still  constitute  a  single  people  i  and 
he  may  perhaps  be  led  to  tliink  that  the  Anglo-American 
Union  is  more  truly  a  united  society  than  some  nations  of 
Europe  which  hve  under  the  same  legislation  and  the  same 
prince. 

Although  the  Anglo-Americans  have  several  religions 
sects,  they  all  regard  relî^on  in  the  same  manner.  They 
are  not  always  agreed  upon  the  measures  which  are  most 
conducive  to  good  government,  and  they  vary  upon  some 
of  the  forms  of  government  which  it  is  expedient  to  adopt  j 
but  they  are  unanimous  upon  the  general  principles  which 
ought  to  rule  human  society.  From  Maine  to  the  Flor- 
idas,  and  from  the  Missouri  to  the  Atlantic  Ocean,  the 
people  are  held  to  be  the  source  of  all  le^timate  power. 
The  same  notions  are  entertained  respecting  liberty  and 
equali^,  the  liberty  of  the  press,  the  right  of  aâsocia.tù:s&^ 


506  DEUOCKACT  IN   AMERICA. 

the  jury,  and  the  responaibili^  of  the  agents  of  govem- 
ment. 

If  we  torn  from  their  political  and  religious  opinions  to 
tlie  moral  and  pbilosopliical  principles  which  regulate  the 
daily  actions  of  life,  and  govern  their  conduct,  we  still  find 
the  same  uniformity.  The  Aiiglo-Americana  •  acknowl- 
edge the  moral  authority  of  the  reason  of  the  community, 
as  they  acknowlodge  tlie  political  authority  of  the  mass  of 
citizens  ;  and  they  hold  tliat  public  opinion  is  the  surest 
arbiter  of  what  is  lawful  or  forbidden,  true  or  false.  The 
majonty  of  them  believe  that  a  man,  by  following  his  own 
int^^rest  rightly  understood,  will  be  led  to  do  what  is  just 
and  good.  They  bold  that  every  man  is  bom  in  posses- 
sion of  the  right  of  self-government,  and  that  no  one  has 
the  right  of  constmining  Iiis  felloiv-creatures  to  be  happy. 
They  have  all  a  lively  feith  in  the  perfectibihty  of  man  ; 
they  judge  that  the  difiiision  of  knowledge  must  necessa- 
rily be  advantageous,  and  the  consequences  of  ignorance 
fatal  ;  they  all  consider  society  as  a  body  in  a  state  of  im- 
provement, humanity  as  a  changing  scene,  in  which  noth- 
ing is,  or  ought  to  be,  permanent;  and  they  admit  that 
what  appears  to  them  to-day  to  be  good,  may  be  superseded 
by  something  better  to-morrow.  I  do  not  give  all  these 
opinions  as  true,  but  as  American  opinions. 

The  Anglo-Americans  are  not  only  imited  by  these  com- 
mon opinions,  but  they  are  separated  from  all  other  nations 
by  a  feeling  of  pride.  For  the  last  fifty  years,  no  pains 
liave  been  spared  to  convince  the  inhabitants  of  the  United 
States  that  they  are  the  only  religious,  enlightened,  and 
free  people.  They  perceive  that,  for  the  present,  their 
own  democratic  institutions  prosper,  whilst  those  of  other 
countries  fail  ;  bence  they  conceive  a  high  opinion  of  thàr 

*  It  ia  Bcarcelj  Dcce^saiy  for  rae  to  obserre  that,  bj  the  enpitssion  An^iy 
Ameicaia,  1  mean  to  designate  only  the  great  inqori^  of  tbe  nation  ;  &» 
■ODU  Inlated  ioMiidmli,  oî  oaune,  hold  very  diffiuout  opinion*. 


CHANCES  OF  DUBATIOM  OF  THE   UNION.  507 

superiority,  and  are  not  veiy  remote  from  believing  them- 
■elves  to  be  a  distinct  species  of  mankind. 

Thus,  the  dangers  which  threaten  the  American  Union 
do  not  originate  in  diversity  of  intereste  or  of  opinions  ; 
but  in  the  various  characters  and  passions  of  tlie  Ameri- 
cans. The  men  who  inhabit  the  vast  territory  of  the 
United  States  are  aJmost  all  the  issue  of  a  common  stock  ; 
but  climate,  and  more  especially  slavery,  have  gradnally 
introduced  marked  differences  between  the  British  settler 
of  the  Soathem  States  and  the  British  settler  of  the  North. 
In  Europe,  it  is  generally  believed  that  slavery  has  ren- 
dered the  interests  of  one  part  of  the  Union  contrary  to 
those  of  the  other  ;  but  I  have  not  found  this  to  be  the 
case.  Slavery  has  not  created  interests  in  the  South  con^ 
trary  to  those  of  the  North,  bat  it  has  modiiied  the  char- 
acter and  changed  the  habits  of  the  natives  of  the  South. 

I  have  already  explained  the  influence  of  slavery  upon 
the  commercial  ability  of  the  Americans  in  the  South  ;  and 
this  same  influence  equally  extends  to  their  manners.  The 
slave  is  a  servant  who  never  remonstrates,  and  who  sub- 
mits to  everything  without  complaint.  He  may  sometimes 
assassinate,  but  he  never  withstands,  his  master.  In  the 
South,  tliere  are  no  families  so  poor  as  not  to  have  slaves.* 
The  citizen  of  the  Southern  States  becomes  a  sort  of  do- 
mestic dictator  from  in&ncy  ;  tlie  first  notion  be  acquires 
in  life  is,  that  he  is  bom  to  command,  and  the  first  habit 
which  he  contracts  is  that  of  ruling  without  resistance. 
His  education  tends,  then,  to  give  him  the  character  of  a 
haughty  and  hasty  man,  —  irascible,  violent,  ardent  in  his 
desires,  impatient  of  obstacles,  but  easily  discouraged  if  he 
cannot  succeed  upon  his  first  attempt. 

*  ThU  is  not  «trictlj  true.  There  «re  mmj  "poor  vhites,"  u  tbtj  m 
termed,  in  the  Soathorn  Statea,  vho  own  ao  iltiea,  and  earn  %  scant;  tnb- 
■Utenre  b/  the  labor  of  their  hand»,  though  tliejr  labor  Teiy  nnwillingl;.  — 
Ah,  Ed. 


508  DEMOCRACY  IN  AMERICA. 

Tlie  American  of  the  Nortli  sees  uo  slaves  around  him 
ill  his  cliildhooci  ;  he  b  even  unattended  by  free  serraiita, 
for  hu  is  usually  obliged  to  provide  for  his  own  wants.  A* 
soon  as  he  enters  ibe  world,  tlie  idea  of  necessity  assails 
him  on  every  side  :  he  soon  learns  to  know  exactly  the 
natnral  limits  of  his  power  ;  he  never  expects  to  subdue 
by  foice  those  who  withstand  him  ;  and  he  knows  tliat  the 
surest  means  of  obtaining  the  support  of  Ida  follow-creatiires 
is  to  win  their  favor.  He  therefore  becomes  patient,  reflect- 
ing, tolerant,  slow  to  act,  and  persevering  in  his  designs. 

In  the  Southern  States,  the  more  pressing  wants  of  life 
are  always  supplied  ;  the  inhabitants,  therefore,  are  not 
occupied  with  the  material  cares  of  life,  from  whidi  they 
are  relieved  by  others  ;  and  their  imagination  is  diverted 
to  more  captivating  and  less  definite  objects.  The  Ameri- 
can of  the  South  is  fond  of  grandeur,  luxurj-,  and  renown, 
of  gayety,  pleasure,  and,  above  all,  of  idleness  ;  nothing 
obliges  him  to  exert  himself  in  order  to  subsist  ;  and  as  he 
has  no  necessary  occupations,  be  ^ves  way  to  indolence, 
and  does  not  even  attempt  what  would  be  useful. 

But  the  equahty  of  fortunes  and  the  absence  of  slaveiy 
in  the  North  plunge  the  inhabitants  in  those  material  cares 
which  are  disdained  by  the  white  population  of  the  South. 
They  are  taught  from  infancy  to  combat  want,  and  to  place 
wealth  above  all  the  pleasures  of  the  intellect  or  the  heart. 
The  imagination  is  extinguished  by  the  trivial  details  of 
life  ;  and  the  ideas  become  less  numerous  and  less  general, 
but  far  more  practical,  clearer,  and  more  precise.  As  pros- 
perity is  the  sole  aim  of  exertion,  it  is  excellently  well  at- 
tained ;  nature  and  men  are  turned  to  the  best  pecuniary 
advantage  ;  and  society  is  dexterously  made  to  contribute 
to  the  welfare  of  each  of  its  members,  whilst  individual 
selfishness  is  the  source  of  general  happiness. 

The  American  of  the  North  has  not  only  experience,  but 
knowledge  ;  yet  he  values  science  not  as  an  eniovmesnt.  but 


CHAKCES   OF   DUBATION   OF   THE   UNION.  509 

aa  a  means,  and  is  only  anxious  to  seize  its  useful  applicar 
tjons.  The  American  of  ihe  South  Is  more  given  to  act 
upon  impulse  ;  he  is  more  clever,  more  (rank,  more  gener- 
ous, more  intellectual,  and  more  brilliant.  The  former,  with 
a  greater  degree  of  activity,  common  sense,  information,  and 
general  aptitude,  has  the  characteristic  good  and  evil  qual- 
ities  of  the  middle  classes.  The  latter  has  the  tastes,  the 
prejudices,  the  weaknesses,  and  the  magnanimity  of  all  aris- 
tocracies, 

If  two  men  are  united  in  society,  who  have  the  same 
interests,  and,  to  a  certain  extent,  the  same  opinions,  but 
different  characters,  different  acquirements,  and  a  different 
style  of  civilization,  it  is  most  probable  that  these  men  will 
not  agree.  The  same  remark  is  applicable  to  a  socie^  of 
nations. 

Slavery,  then,  does  not  attack  the  American  Union  di- 
rectly in  its  interests,  but  indirectly  in  its  manners. 

The  States  which  gave  their  assent  to  the  Federal  c<»i- 
tract  in  1790  were  thirteen  in  number;  the  Union  now 
consists  of  twenty-four  [thirty-four]  members.  The  pop- 
ulation, which  amounted  to  nearly  four  millions  in  1790, 
had  more  than  tripled  in  the  space  of  forty  years  ;  in 
1830,  it  amounted  to  nearly  thirteen  miUions."  Changes 
of  such  magnitude  cannot  take  place  witliout  danger. 

A  society  of  nations,  as  well  as  a  society  of  individuals, 
has  three  principal  chances  of  duration,  —  namely,  the  wis- 
dom of  its  members,  their  individual  weakness,  and  their 
limited  number.  The  Americans  who  quit  the  coasts  of 
the  Atlantic  Ocean  to  plimge  into  the  Western  wilderness 
are  adventurers,  impatient  of  restraint,  greedy  of  wealth, 
and  frequently  men  expelled  from  the  States  in  which  they 
were  bom.     When  they  arrive  in  the  deserts,  they  are 

•  CcniOB  of  1790  .  .  .  3,933^28. 
>•  1830  ....  13,856,165. 
»    1860    .  ai,l34;Uft. 


610  DEMOCBACT  IN  AMERICA. 

unknown  to  each  otiicr  ;  they  have  neither  traditions,  taxa- 
ily  feeling,  nor  the  force  of  example  to  cliwk  their  ex- 
cesses. The  authority  of  the  laws  is  feeble  amongst  them, 
—  tliat  of  morality  is  still  weaker.  The  settlers  who  are 
constantly  peopling  the  valley  of  tlie  Mississippi  are,  then, 
in  every  respect,  inferior  to  the  Americans  who  iiihahît 
the  older  parts  of  the  Union.  But  they  already  exercise 
a  great  influence  in  its  councils  ;  and  they  nrri\'e  at  the 
government  of  the  commonwealtli  before  they  have  leamt 
to  go»-em  themselves.* 

Tlie  greater  the  individual  weakness  of  the  contracting 
parties,  the  greater  are  the  chances  of  tlie  duration  of  the 
contract  ;  for  their  safety  is  then  dependent  upon  their 
union.  When,  in  1790,  the  most  populous  of  the  Ameri- 
can republies  did  not  contain  500,000  iniiabitanls,f  each 
of  them  tèlt  its  own  insignificance  as  an  independent  peo- 
ple, and  this  feeling  rendered  compliance  with  tlie  Federal 
authority  more  easy.  But,  when  one  of  the  eonfederata 
States  reckons,  like  the  State  of  New  York,  two  millions 
[three  and  a.  half  millions]  of  inhabitants,  and  covers  an 
eittent  of  territory  equal  to  a  quarter  of  France,  f  it  feels 
its  own  strength  ;  and,  although  it  may  stilt  support  the 
Union  as  useful  to  its  prosperity,  it  no  longer  regarda 
it  as  necessary  to  its  existence  ;  and,  while  consenting  to 
continue  in  it,  it  Euma  at  preponderance  in  the  Federal 
councils.  The  mere  increase  in  number  of  the  States 
weakens  the  tie  that  holds  them  together.  All  men  who 
are  placed  at  the  same  point  of  view  do  not  look  at  the 
same  objects  in  the  same  manner.  Still  less  do  they  do 
so  when  tlie  point  of  view  is  different.     In  proportion, 

*  Thil  [ndeed  is  only  k  temporaiy  danger.  I  have  no  donbl  that  in  time 
■ocietj  will  assume  aa  mnch  etaliititj  and  re^larit;  in  the  West  m  it  hM 
llroadf  done  upon  ihe  coaet  of  the  Atlantie  Ocean. 

t  Pennsylvania  contained  431,373  înliabîtanM  in  1790. 

t  The  area  of  the  State  nX  '¥lv«  '^o^  a  tinat,  46,000  «qtiare  milea. 


CHANCES  OF  DUBATIOK   OF  THE  UNION.  611 

dieu,  as  the  American  republics  become  more  numerous, 
there  is  less  chance  of  their  unanimity  in  matters  of  legis- 
lation. At  present,  the  interests  of  the  different  parts  of 
the  Union  are  not  at  variance;  but  who  can  foresee  the 
various  changes  of  the  future  in  a  country  in  wliicli  new 
towns  are  founded  every  day,  and  new  States  almost  every 
year? 

Since  the  first  settlement  of  the  British  Colonies,  the 
number  of  inhabitants  has  about  doubled  every  twenty- 
two  years.  I  perceive  no  causes  which  are  likely  to  check 
this  ratio  of  increase  of  the  Anglo-American  population 
for  the  next  hnndred  years  ;  and,  before  that  time  has 
elapsed,  I  believe  tliat  the  territories  and  dependencies  of 
the  United  States  will  be  covered  by  mora  than  a  hundred 
millions  of  inhabitants,  and  divided  into  forty  States. f  I 
admit  tliat  these  hundred  millions  of  men  have  no  dliferent 
interests.  I  suppose,  on  tlie  contrary,  that  they  are  aU 
equally  interested  in  the  maintenance  of  the  Union  ;  but 
I  still  say  tliat,  for  the  very  reason  that  they  are  a  hundred 
millions,  forming  forty  distinct  nations  unequally  strong, 
the  continuance  of  the  Federal  government  can  only  be 
a  fortunate  accident. 

Whatever  feith  I  may  have  in  the  perfectibility  of  man, 


■  IT  the  population  continoea  to  doable  ever;  tvon^'two  jetn,  m  it  tiM 
done  for  ilie  Ikal  two  hnnilred  Tear*,  the  number  of  inbabitanta  in  the  United 
States  in  IBSS  uill  be  twentj-ronr  milUonB  ;  in  1671,  fbrtj-cight  millioTU  ; 
and  in  ISOG,  ninetj-six  mtUioos.  This  mij  still  be  ihc  etac,  even  if  the 
Una»  on  tlic  coiitcm  slope  of  the  Borkj  Mountains  shoulil  be  found  unlit  for 
cnltiTation.  Tlic  lenilory  which  ii  alrcsdj  occapicd  cui  easily  cootain  thit 
number  of  inlmbttimtB.  One  hundred  tnillioni  of  mon  spread  over  the  surface 
of  the  twculT-fuur  States,  and  the  three  dependencies,  which  now  constilote  the 
Uoion,  would  only  give  T6!  inhabitants  to  the  square  league  ;  this  would  be 
ftrhclon  IliG  menu  population  of  France,  which  is  I,OOG  to  Iho  square  league  ; 
or  of  Englund,  which  1,1S7  ;  and  it  would  eren  be  below  the  popolatioD  of. 
Switzerland,  fur  that  conntrf ,  notwithstanding  its  lakes 
MÛU  7S3  inhatiitaiits  to  tlie  square  league. 


uiiu  to  (liri.'Ct  tlieir  iridi'penden 
meut  of  tlie  same  (lesij^ns. 

But  the  graitest  peril  to  w!i 
its  iiicrt'use  arisL's  from  the  cc 
iiiterii.il  forces.  The  distance  ; 
Gulf  of  Mexico  is  more  than  t' 
crow  fliea.  The  frontier  of  the 
the  whole  of  this  immense  line 
its  limits,  hut  more  frequently  e; 
the  waste.  It  has  been  calculai 
evciiy  yL'ur  a  mean  distance  of 
whole  of  this  vast  houndaiy. 
productive  district,  a  lake,  or  ai 
tunes  encountered.  The  advanc 
a.  wliile  ;  its  two  extremities  cuTV 
and,  as  mion  as  they  are  reumtt 
This  gradual  and  continuous  p 
race  towards  the  Rocky  Mounta: 
providcntiiJ  event  ;  it  is  like  a  t 
batcdly,  and  daily  driven  onward 

Within  this  front  line  of  cone 


CHANCES  OF  DUEATIOS   OF   THE   UNION.  513 

order  to  take  their  seats  in  Congress,  are  already  obliged 
to  perform  a  journey  as  long  as  that  from  Vienna  to  Paris.* 
All  the  States  are  borne  onwards  at  the  same  time  in  the 
patli  of  fortune,  but  they  do  not  all  increase  and  prosper 
in  the  same  proportion.  In  the  North  of  the  Union,  the 
detached  branches  of  the  Alleghany  chain,  extending  as 
far  as  the  Atlantic  Ocean,  form  spacious  roads  and  ports, 
constantly  accessible  to  the  largest  vessels.  But  from  the 
Potomac,  following  the  shore,  to  the  mouth  of  the  Missis- 
sippi, the  coast  is  sandy  and  flat.  In  this  part  of  the 
Union,  the  mouths  of  almost  all  the  rivers  are  obstructed  ; 
and  the  few  harbors  which  exist  amongst  these  lagunes 
aâbrd  shallower  water  to  vessels,  and  much  fewer  com- 
mercial advantages,  than  those  of  the  North. 

/This  first  and  natural  cause  of  inferiori^  is  united  to 
anotlier  cause  proceeding  from  the  laws.  We  have  seen 
that  slavery,  which  is  abolished  in  the  North,  still  exists  in 
the  South  ;  anu  I  have  pointed  out  its  fatal  consequences 
upon  the  prosperity  of  the  planter  himself. 

The  North  is  therefore  superior  to  the  South  both  in 
commerce  f  and  manufacture  ;  the  natural  consequence  of 

*  Tbe  distance  from  Jcflbnon,  tbe  capital  of  tho  State  of  ICuonri,  to 
Wnsblngton,  is  1,019  miles. 

t  The  folloiïing  ataiements  will  «how  the  differeoce  beiw«ea  the  commer- 
cial activilj  of  iho  South  and  of  the  North. 

In  1830  tho  lonnsgc  of  all  Che  mcrrhant-vcnctB  belonging  to  Tîrginia,  the 
two  CaroUnas,  and  Grorgia  (the  four  great  Southern  Stales),  «moanted  to 
ont^  S,243  torn.  In  l)ia  same  year,  the  tanoaga  of  the  TCHicla  of  tlie  Slate 
of  MaesachoKtts  alone  amonoted  to  17,333  tons.  (See  Legislative  Docu- 
ments, Slsl  CongTCM,  2d  ScaaioD,  No.  140,  p.  314.)  Thus  MaaauchusetU 
had  three  times  as  much  shipping  u  the  fonr  aboTC-menlioncd  Statol.  Nor- 
CTthcleH,  the  area  of  the  State  of  Massachusetts  is  onlj  7,335  square  milw, 
Bud  its  popnlatioD  amounts  to  610,014  inhabUaun  ;  whilst  tho  area  of  the 
tnar  other  States  1  have  qunted  is  210,000  square  miles,  snd  their  population 
3.047,767.  Thus  the  area  of  the  State  of  Massacbaaetts  forms  oulf  OIM 
thirtieth  part  of  tho  area  of  the  four  Slates  ;  and  its  population  ia  hut  mm 
fifth  of  thein.     [In  ISSS,  the  toimage  of  the  these  four  Southern.  &>u*-«i& 


514  -^    DEMOCUACr   IN   AMERICA. 

whicli  ia  the  mora  rajiid  increiise  of  population  and  wcahli 
within  its  bordorsj  T1k>  States  on  the  shores  of  the  Atlan- 
tic Ot-ean  are  already  lialf  peopled.  Most  of  tho  laiid  is 
held  by  an  owner;  and  they  cannot  therefore  receive  so 
many  emigrants  aa  the  Western  State!),  where  a  boundless 
field  is  Btill  open  to  industry.  The  valley  of  the  Mis.'ds- 
sippi  h  far  more  fertile  than  the  coast  of  the  Atlantic 
Ocean,  This  reason,  added  to  all  tJie  others,  contributes 
to  drive  the  Europeans  westward,  —  a  fact  wlu'ch  may  be 
rigorously  demonstrated  by  figures.  It  is  found  that  the 
sum  total  of  the  population  of  all  the  United  States  has 
about  tripled  in  the  course  of  forty  years.  But  iji  the  new 
States  adjacent  to  the  Mississippi,  the  population  has  in- 
creased thirty-one  fold  within  the  Mine  time, 

The  centre  of  the  Federal  power  ia  continually  displaced. 
For^  years  ago,  the  majority  of  the  citizens  of  the  Union 
was  estahhshed  upon  the  coast  of  the  Atlantic,  in  the  envi- 
rons of  the  spot  where  Washington  now  stands  ;  but  the 
great  body  of  the  people  ore  now  advancing  inland  and  to 
the  North,  bo  that,  in  twenty  years,  the  majority  will  un- 
questionably be  on  the  western  side  ot  the  Alleghatdes. 
If  the  Union  continues,  the  basin  of  the  Mississippi  is  evi- 
dently marked  out,  by  its  fertility  and  its  extent,  to  be  the 
permanent  centre  of  the  Federal  government.  In  thirty 
or  forty  years,  that  tract  of  country  will  have  assumed  its 
natural  rank.     It  is  easy  to  calculate  that  its  population, 

but  4,76S,  while  that  of  MasMchosetts  was  33,S99.]  SUvcrj  i«  pnjodidal 
to  Che  rommcrrial  prosperity  of  the  South  in  several  diiferont  waji;  by  di- 
miaigliing  the  spirit  of  entetprise  amoagsc  tlie  whites,  and  by  preventing  tbem 
fitini  oMainJDg  the  eailars  whom  they  rcqoiiV.  Sailorg  ■]«  ueubJIj  taken 
only  tmrn  the  lowest  molu  of  the  popolnlion.  Bat  in  the  Soulhcm  State*, 
these  loffest  ranks  are  compoacd  of  ehiTes,  and  it  is  very  diSmll  to  cmphty 
them  at  sea.  They  «re  unable  to  ierte  m  wcH  m  a  nhiie  avw,  awl  i^ 
pnjheneioiu  would  always  be  entertained  of  their  mnlinying  in  ihe  middla 
of  the  ocean,  or  of  their  escapins  ia  the  fbreign  coantric*  M  wbkh  tbej 
BÛgbt  tonch. 


CHANCES  OP  DURATION  OF  THE  UNION.  516 

compared  with  that  of  the  coast  oF  the  Atlantic,  will  then 
be,  in  round  numbers,  as  40  to  11.  In  a.  few  years,  the 
States  which  founded  the  Union  will  lose  the  direction  of 
its  policy,  and  the  population  of  the  valley  of  the  Missis 
sippi  will  preponderate  in  the  Federal  assemblies. 

This  constant  gravitation  of  the  Federal  power  and  in- 
fluence towards  the  Northwest  is  shown  every  ton  years, 
wlien  a  general  census  of  the  population  is  made,  and  the 
number  of  delegates  which  each  State  sends  to  Congress  is 
settled  anew."  In  1790,  Virginia  had  nineteen  representa- 
tives in  Congress.  This  number  continued  to  increase 
until  1813,  when  it  reached  twenty-three  ;  from  that 
time  it  began  to  decrease,  and,  in  1833,  Virginia  elected 
only  twenty-one.f     During  the  same  period,  the  State  of 

•  It  niBy  bo  <een  ihal,  in  the  «jnrae  of  the  last  ton  yean  (I8S0-183O), 
the  poginlation  of  one  district,  at,  for  ioBlaiico,  the  Slate  of  Delaware,  hM 
incnaucd  in  tlic  proportion  of  five  per  cent  ;  whilst  thai  of  another,  oi  the 
Territory  of  Michigan,  hB£  increased  3S0  per  cent.  Thus  the  population  ot 
Tirginta  had  nngmcniDd  13  per  cent,  and  that  of  the  border  State  of  Obio 
61  per  cent,  in  the  same  time.  The  general  table  of  theao  clianges,  whicti 
is  given  in  the  National  CHlcndar,  it  a  strilting  pictnro  of  the  nncqual  fortanea 
of  the  dittùnnt  Statca. 

t  It  hflB  just  been  said,  that,  In  the  course  of  the  last  lorm,  the  population 
of  Virginia  has  increased  13  per  cent  ;  and  it  is  nceemarj  (o  explain  how 
the  numlicT  of  representatives  for  a  State  may  decrease,  when  tlie  population 
of  ihtU  Slate,  (or  from  diminishing,  is  acluallj  upon  the  increase.  I  lake 
the  State  of  Vir^nla,  to  nhich  T  have  already  alluded,  as  my  term  of  coiii- 
parieon.  ,The  number  of  representative»  of  Virginia  in  1823  wal  propor- 
tionate to  the  total  number  of  tlie  representative*  of  the  Union,  anil  lo  the 
relation  which  its  populalioD  bon:  to  that  of  the  whole  Union  ;  in  1833,  the 
nambcr  of  representatives  of  Virginia  was  likewise  proportioiuitc  to  the  total 
number  of  llie  representatives  of  Che  Union,  and  to  tlie  relation  which  it« 
population,  nngmcntcd  in  the  coase  of  ten  years,  bore  to  the  angmented 
population  of  the  Union  in  the  «omo  «pace  of  time.  The  new  number  at 
Virginian  representatives  will  then  be  to  cImi  old  number,  on  the  one  hand, 
aa  the  now  number  of  all  the  reprcscatalives  is  to  the  old  nnmbcr  ;  and,  od 
the  other  hand,  at  the  augmentation  of  the  population  of  Virginia  is  to  Chat 
of  the  whole  population  of  the  coanCry.     Thus,  if  the  increase  oC  tï*.  \«tiBr 


York  ll.irtv-lliive,  lui.I  Olii 
Il    is   dm-nh    to  inuipii 
wiiirli    is    lirh    i,m\    slnmj; 
weak,  even  if  it  wt-re  pmvt 
nf  ilic  (im.'  are  not  the  cause 
<if  the  otlier.     Butfunion  it 
at  a  lime  wljen  one  )>arty  is 
is  gainiii)^  itJ   Tliis  rapid  an 
rertain  States  threatens  the 
New  York  might  perhaps  s 
of  inhuhitHfils  and  its  forty  i 
the  other  States  in  Congress, 
erful  States  make  no  attempt 
tlio  danger  still  exists  ;  for  t) 
poMÎbility  of  the  act  as  in  th 
crally  mistrnst  the  justice  ai 
Tlie  States  which  increase  les 
upon  those  which  ore  more 
and  suspician.     Hence  arise  t 
ill-defîned  ablation  which  are 
whicli  form  80  striking  a  co 
pro^pprity  ivhich  ; 


I 


CHANCES  OF  DUEATION  OF  THE  UNION.  617 

by  the  Soath  recently,  ù  attributable  to  no  other  cause. 
The  inhabitants  of  Uie  Southern  States  are,  of  all  the 
Americana,  tliose  who  are  most  interested  in  the  main- 
tenance of  the  Union  ;  tliey  would  assuredly  suffer  moat 
from  being  left  to  themselves  ;  and  yet  tliey  are  the  only 
ones  who  threaten  to  break  the  tie  of  confederation.  It 
is  easy  to  perceive  that  the  South,  which  has  given  four 
Presidents  —  Washington,  Jefferson,  Madison,  and  Mon- 
roe —  to  the  Union,  which  perceives  tliat  it  is  losing  itti 
Federal  influence,  and  that  the  number  of  its  representa- 
tives in  Congress  is  diminishing  from  year  to  year,  whilst 
those  of  tlie  Northern  and  Western  States  are  increasing," 
—  tlie  South,  which  is  peopled  with  ardent  and  irascible 
men,  is  becoming  more  and  more  irritated  and  alarmed. 
Its  inhabitants  reflect  upon  their  present  position,  and  re- 
member tlieir  past  influence,  with  the  melancholy  uneasi- 
ness of  men  who  suspect  oppression.  If  they  discover  a 
law  of  the  Union  which  b  not  unequivocally  favorabla 
to  their  interests,  they  protest  agtdnst  it  as  an  abuse  of 
force  ;  and  if  their  ardent  remonstrances  are  not  listened 
to,  they  threaten  to  quit  an  association  which  loads  them 
with  burdens  whilst  it  deprives  them  of  the  profits^  "  The 
Tariff,"  said  the  inliabitants  of  Carolina  in  1832,  "  enriches 
tlie  North  and  ruins  the  South  ;  for,  if  this  were  not  the 
case,  to  what  can  we  attribute  the  continually  increasing 
power  and  wealth  of  the  North,  with  its  inclement  skies 
and  arid  soil  ;  whilst  the  South,  which  may  be  styled  the 
garden  of  America,  is  rapidly  decUning."  • 

If  the  changes  which  I  have  described  were  gradual,  so 
that  each  generation  at  least  might  have  time  to  disappear 
with  the  onlcr  of  tilings  under  which  it  had  lived,  the 
danger  would  be  less;  but  the  progress  of  society  in  Amer- 
ica is  precipitate,  and  almost  revolutionary.  The  same 
n  nliich  procUimcd 


518  DuocKAcr  m  mmoâ; 

citizen  maj  bave  lived  to  see  Idb  StaAa  tdn  ih»  lead  a  lU 
Union,  and  afterwards  beoome  poweriiew  in  :f]ia  Federal 
assemblies  ;  and  an  Anglo-AnMrican  repvUic  liae  been 
known  to  grow  as  rapidly  as  a  man,  paMU^  fimun  Urtfa 
and  infancy  to  maturity  in  tlie  oonae  of  thirty  years.  It 
most  not  be  imagined,  howeveri  that  the  States  whidi  loae 
their  preponderance  also  lose  their  population  or  their 
riches  :  no  stop  is  put  to  their  prosperity,  and  they  even 
go  on  to  increase  more  rapidly  than  any  kingdom  in 
Europe.*  But  they  believe  themselves  to  be  impavet^ 
ished  because  their  wealth  does  not  augment  as  rapidly  aa 
that  of  their  neighbors;  and  they  think  that  their  power 
is  lost  because  they  suddenly  come  in  contact  with  a 
power  greater  than  their  own  :  f  thus  they  are  more  hurt 
in  their  feelings  and  their  passions  than  in  their  interests. 
But  this  is  amply  sufficient  to  endanger  the  maintenance 
of  the  Union.  If  kings  and  peoples  had  only  had  their 
true  interests  in  view,  ever  since  the  beginning  of  the 
world,  war  would  scarcely  be  known  among  mankind. 

Thus  the  prosperity  of  the  United  States  is  the  source 
of  their  most  serious  dangers,  since  it  tends  to  create  in 
some  of  the  confederate  States  that  intoxication  which 
accompanies  a  rapid  increase  of  fortune;  and  to  awaken 
in  others  those  feelings  of  envy,  mistrust,  and  regret  which 

•  The  population  of  a  country  assuredly  constitntcs  the  first  element  of 
its  wealth.  In  the  ten  veal's  (1820-1830)  daring  which  Virginia  lost  two 
of  its  representatives  in  Congress,  its  population  increased  in  the  proportion 
of  13.7  per  cent  ;  that  of  Carolina,  in  the  proportion  of  15  per  cent  ;  and 
that  of  Georgia,  15.5  per  cent.  But  the  population  of  Russia,  which  increasen 
more  rapidly  than  that  of  any  other  European  country,  only  augments  io 
ten  years  at  the  rate  of  9.5  per  cent  ;  of  France,  at  the  rate  of  7  per  cent  ; 
and  of  Europe  altogether,  at  the  rate  of  4.7  per  cent. 

t  It  must  be  admitted,  however,  that  the  depreciation  which  has  taken 
place  in  the  value  of  tobacco,  during  the  last  ûùy  years,  has  notably  dimin- 
ished the  opulence  of  tlie  Southern  planters  :  but  this  circarastance  it  as  in» 
dependent  of  the  vriW  o(  l\ic\t  I^otûv^xu  bvetKten  as  it  is  of  their  own. 


CBANCES  or  DUBATION   OF  THE   UNIOH.  519 

usually  attend  the  loss  of  it.  The  Americans  cont«in- 
plate  this  extraordinaiy  progress  with  exultation  ;  but  they 
would  be  wiser  to  consider  it  with  sorrow  and  alarm.  The 
Americans  of  the  United  States  must  inevitably  become 
one  of  the  greatest  nations  in  the  world  ;  their  ofispring 
will  cover  almost  the  whole  of  North  America  ;  the  conti- 
nent which  they  inhabit  is  their  dominion,  and  it  cannot 
eecape  them.  What  urges  them  to  take  possession  of  it  so 
soon  ?  Riches,  power,  and  renown  cannot  feil  to  be  theirs 
at  some  future  time  ;  but  they  rush  upon  this  immense 
fortune  as  if  but  a  moment  remained  for  them  to  make  it 
their  own. 

I  think  that  I  have  demonstrated,  that  the  existence  of 
the  present  confederation  depends  entirely  on  the  contin- 
ued assent  of  all  the  confederates  ;  and,  starting  from  this 
principle,  I  have  inquired  into  the  causes  which  may  in- 
duce some  of  the  Slates  to  separate  from  tlie  others.  The 
Union  may,  however,  perish  in  two  different  ways  :  one  of 
the  confederate  States  may  choose  to  retire  from  the  com- 
pact, and  so  forcibly  to  sever  the  Federal  tie  ;  and  it  is  to 
this  supposition  that  most  of  the  remarks  tliat  I  have  made 
apply  :  or  the  authority  of  the  Federal  government  may  be 
gradually  lost  by  the  simultaneous  tendency  of  the  united 
republics  to  resume  their  independence.  The  central  pow- 
er, successively  stripped  of  all  its  prerogatives,  and  reduced 
to  impotence  by  tacit  consent,  would  beccmie  incompetent 
to  fulfil  its  purpose  ;  and  the  second  union  would  perish, 
like  the  first,  by  a  sort  of  senile  imbecility.  The  gradual 
weakening  of  the  Federal  tie,  which  may  finally  lead  ta 
the  dissolution  of  the  Union,  is  a  distinct  circumstance, 
that  may  produce  a  variety  of  minor  consequences  before 
it  operates  so  violent  a  change.  The  confederation  might 
still  subsist,  although  its  government  were  reduced  to  such 
a  degree  of  inanition  as  to  paralyze  the  nation,  to  cause 
internal  anarchy,  and  to  check  the  general  prosperity  of 
the  country. 


520  DEMOCRACY  IN  AMERICA. 

After  having  investigated  thé  causes  which  may  induce 
the  Anglo-Americans  to  disunite,  it  is  important  to  inquire 
whether,  if  the  Union  continues  to  subsist,  their  govern- 
ment will  extend  or  contract  its  sphere  of  action,  and 
whether  it  will  become  more  eneigetic  or  more  weak. 

The  Americans  are  evidently  disposed  to  look  upon  their 
condition  with  alarm.  They  perceive  that,  in  most  of  the 
nations  of  the  world,  the  exercise  of  the  rights  of  sover- 
eignty tends  to  fall  into  a  few  hands,  and  they  are  dis- 
mayed by  the  idea  that  it  may  be  so  in  their  own  country- 
Even  the  statesmen  feel,  or  affect  to  feel,  these  fears  ;  for 
in  America  centralization  is  by  no  means  popular,  and 
there  is  no  surer  means  of  courting  the  majority  than  bjr 
inveighing  against  the  encroachments  of  the  central  power. 
The  Americans  do  not  perceive  that  the  countries  in  which 
tliis  alarming  tendency  to  centralization  exists  are  inhabited 
by  a  single  people  ;  whilst  the  Union  is  composed  of  differ- 
ent  communities,  —  a  fact  which  is  sufficient  to  baffle  all 
the  inferences  which  might  be  drawn  from  analogy.  I 
confess  that  I  am  inclined  to  consider  these  fears  of  a  great 
number  of  Americans  as  purely  imaginary.  Far  from  par- 
ticipating in  their  dread  of  the  consolidation  of  power  in 
the  hands  of  the  Union,  I  think  that  the  Federal  govern- 
ment is  visibly  losing  strength.  To  prove  this  assertion,  I 
shall  not  have  recourse  to  any  remote  occurrences,  but  to 
circumstances  which  I  have  myself  witnessed,  and  which 
belong  to  our  own  time. 

An  attentive  examination  of  what  is  going  on  in  the 
United  States  will  easily  convince  us  that  two  opposite 
tendencies  exist  there,  like  two  currents  flowing  hi  con- 
trary  directions  in  the  same  channel.  The  Union  has 
now  existed  for  forty-five  years,  and  time  has  done  away 
with  many  provincial  prejudices  which  wei-e  at  first  hostile 
to  its  power.  The  patriotic  feeling  which  attached  each  of 
the  Americans  to  his  own  State  is  become  less  exclusive  ; 


CHANCES  OF  DUBATION  OF  THE  UNION.  521 

ftnd  the  different  parts  of  tlie  Union  have  become  more 
amicable  aa  they  have  become  better  acquainted  with  each 
other.  The  post,  that  great  instrument  of  intercourse,  now 
reaches  into  the  backwoods  ;  and  steamboats  have  estab- 
lished daily  means  of  communication  between  the  different 
points  of  the  coast.  An  inland  navigation  of  unexampled 
rapidity  conveys  commodities  up  and  down  the  rivera  of 
the  country.  And  to  these  facilities  of  nature  and  art  may 
be  added  those  restless  cravings,  that  busy-mi ndedness,  and 
love  of  pelf,  which  are  constantly  urging  the  American  into 
active  life,  and  bringing  him  into  contact  with  his  fellow- 
citizens.  He  crosses  the  country  in  every  direction  ;  he 
visits  all  the  various  populations  of  the  land.  There  is 
not  a.  province  in  France  in  which  the  natives  are  so  well 
known  to  each  other  as  the  thii-toen  milUons  of  men  who 
cover  the  territory  of  the  United  States. 

Whilst  the  Amencans  intermingle,  they  assimilate  ;  the 
differences  resulting  from  their  climate,  their  origin,  and 
their  institutions  diminish  ;  and  they  all  draw  nearer  and 
nearer  to  the  common  type.  Every  year  thousands  of 
men  leave  the  North  to  settle  in  different  j)arts  of  the 
Union  :  tliey  bring  with  them  their  faith,  their  opinions, 
and  their  manners  ;  and  as  they  are  more  enhghtened  tlian 
the  men  amongst  whom  they  are  about  to  dwell,  they  soon 
rise  to  the  liead  of  affairs,  and  adapt  society  to  their  own 
advantage.  This  continual  emigration  of  the  North  to  the 
Soutli  is  peculiarly  favorable  to  tiie  fusion  of  all  the  differ- 
ent provincial  characters  into  one  national  character.  The 
civilization  of  the  North  appears  to  be  the  common  stand- 
ard, to  which  the  whole  nation  will  one  day  be  assim^ 
Uted. 

The  commercial  ties  which  unite  the  confederate  States 
are  strengtliened  by  the  increasing  manufactures  of  the 
Americans  ;  and  the  union  which  began  in  their  opinions 
gradually  forms  a  part  of  their  habits  :  the  course  of  tim& 


$22  UEUÙCBACr  ce  AMEHCA. 

has  swept  away  the  bogbear  tbuo^te  which  haunt«fd  the 
imagiuatioDS  of  tlic  cidacna  in  1789.  Tlie  FtKlvral  power 
is  not  become  oppressive  ;  it  hu  sot  destrored  the  tnde- 
pendence  of  tlic  Statea  ;  it  his  not  sahjected  the  confeduT' 
ates  to  monarchical  institutioiis  ;  and  the  Union  has  iiot 
rendcrtxl  the  leucr  States  decadent  upon  the  larger  ones. 
The  conftideration  has  continoed  to  increase  in  population, 
in  wealth,  and  in  power.  I  am  therefore  convinced  thmt 
the  natural  obstacles  to  the  continuance  of  ttie  American 
Union  arc  not  so  poweriul  now  as  they  were  in  1789,  and 
that  the  enemies  of  the  Union  are  not  so  niunerouâ. 

And  yet  a  careful  examination  of  the  history  of  the 
United  States  for  the  last  forty-five  years  will  reatUIy  con- 
vince us  tliat  ttie  Federal  power  is  declhiing  ;  nor  is  i» 
difficult  to  explain  the  causes  of  this  phenomenon,  \\lieD 
the  Constitution  of  1789  was  promulgated,  the  nation  was 
a  prey  to  anarchy  ;  the  Union,  which  succeeded  this  con- 
cision, excited  much  dread  and  hatred,  but  it  was  warroly 
supported  because  it  satisfied  an  impeiioos  want.  Al< 
though  it  was  then  more  attacked  than  it  is  now,  the  Fed- 
era!  power  soon  reached  the  maximum  of  its  authority,  as 
is  usually  the  case  with  a  government  which  triumphs  after 
having  braced  its  strength  by  the  struggle.  At  that  time, 
the  interpretation  of  the  Constitution  seemed  to  extend, 
rather  tlian  to  repress,  the  Federal  sovereignty  ;  and  the 
Union  offered,  in  several  respects,  tlie  appearance  of  a 
single  and  undivided  people,  directed  in  its  foreign  and 
internal  policy  by  a  single  government.  But  to  attain 
this  point  the  people  had  risen,  to  some  extent,  above 
itself. 

The  Constitution  had  not  destroyed  the  individuality 
of  the  States  ;  and  all  communities,  of  whatever  nature 
they  may  be,  are  impelled  hy  a  secret  instinct  towards  in- 
dependence. This  propensity  is  still  more  decided  in  a 
coantrj  like  America,  in  which  every  village  forms  a  sort 


CHAKCE3  OF  DDBATION  OF  THE  UNIOS.  523 

of  republic,  accustomed  to  govern  itself.  It  therefore  cost 
the  States  an  effort  to  submit  to  the  Federal  supremacy  ; 
and  all  efTorta,  however  successful  they  may  be,  necessa- 
rily subside  with  the  causes  in  which  they  originated. 

Aâ  the  Fedei-ol  government  consolidated  its  authority, 
America  resumed  its  rank  amongst  the  nations,  peace  re- 
turned to  its  frontiers,  and  public  credit  was  restored  ;  con- 
fiision  was  succeeded  by  a  fixed  state  of  things,  which 
permitted  the  full  and  free  exercise  of  industrious  enters 
prise.  It  was  this  very  prosperity  which  made  tlie  Ameri- 
cans forget  the  cause  which  had  produced  it  ;  and  when 
once  the  danger  was  passed,  the  energy  and  the  patriot- 
ism which  had  enabled  tliem  to  brave  it  disappeared  from 
amongst  them.  DeHvered  from  the  cares  which  oppressed 
them,  they  easily  returned  to  their  ordinary  habits,  and 
gave  tliemselves  up  without  resistance  to  their  natural 
inclinations.  When  a  powerful  government  no  longer 
appeared  to  be  necessary,  they  once  more  began  to  think 
it  irksome.  Everytliing  prospered  under  the  Union,  and 
the  States  were  not  inclined  to  abandon  the  Union  ;  but 
they  desired  to  render  the  action  of  the  power  which 
represented  it  as  light  as  possible.  The  general  principle 
of  union  was  adopted,  but  in  every  minor  detail  there  was 
a  tendency  to  independence.  The  principle  of  confèdenir 
lion  was  every  day  more  easily  admitted,  and  more  rarely 
applied  ;  so  that  the  Federal  government,  by  creating  order 
and  peace,  brought  about  its  own  dechne. 

As  soon  as  this  tendency  of  public  opinion  began  to  be 
manifested  externally,  the  leaders  of  parties,  who  live  by 
the  passions  of  the  people,  began  to  work  it  to  their  own 
advantage.  The  position  of  the  Federal  government  then 
became  exceedingly  critical.  Its  enemies  were  in  posse»- 
sion  of  the  popular  &vor  ;  and  they  obtained  the  right  of 
conducting  its  policy  by  pledging  themselves  to  lessen  its 
infiuence.    From  that  time  forwards,  the  government  of  tha 


624  DEMOCBÂCT  IN  AMERICA. 

Union,  as  often  as  ît  has  entered  the  lîsts  with  the  govenn 
ments  of  the  States,  has  almost  invariably  been  obliged  to 
recede.  And  whenever  an  interpretation  of  the  terms  of 
the  Federal  Constitution  has  been  pronounced,  that  inter» 
pretation  has  generally  been  opposed  to  the  Union,  and 
favorable  to  the  States.* 

The  Constitution  gave  to  the  Federal  government  the 
right  of  providing  for  the  national  interests;  and  it  had 
been  held  that  no  other  authority  was  so  fit  to  superintend 
the  "  hitemal  improvements  "  which  affected  the  prosper- 
ity of  the  whole  Union  ;  such,  for  instance,  as  the  cutting 
of  canals.  But  the  States  were  alarmed  at  a  power  which 
could  thus  dispose  of  a  portion  of  their  territory  ;  they 
were  afraid  that  the  central  government  would  by  this 
means  acquire  a  formidable  patronage  witlihi  their  own 
limits,  and  exercise  influence  which  they  wislied  to  reserve 
exclusively  to  their  own  agents.  The  Democratic  part}', 
which  has  constantly  opposed  the  increase  of  the  Federal 
authority,  accused  Congress  of  usurpation,  and  the  Chief 
Maiïistrate  of  ambition.  The  central  rrovernment  was  in- 
timidatcd  bv  these  clamors  ;  and  it  finally  acknowledjxed 
its  error,  promising  to  confine  its  influence  for  the  future 
within  the  circle  w^liich  was  prescribed  to  it. 

The  Constitution  confers  upon  the  Union  the  right  of 
trcatino;  with  foreign  nations.  The  Indian  tribes,  which 
border  upon  the  frontiers  of  the  United  States,  had  usually 
been  reo-arded  in  this  lio-lit.     As  lonor  as  these  savaires  con- 

*  This  assertion  may  be  doubted.  The  only  authorized  iiiierjtreter  of  the 
Ck)nstitution  is  tlie  Supreme  Court  of  the  United  States  ;  and  in  most  of  tl»e 
suits  before  this  tribunal,  which  have  involved  a  question  as  to  the  limits  of  tlw 
Federal  and  the  State  authority,  the  decision  has  been  in  favor  of  tlic  former. 
See  tiie  Dartmouth  College  case,  that  of  Chisholm  t'.  Georgia,  Giblwns  r.  Og- 
den,  Ogdcn  v.  Saunders,  the  Cherokee  Land  case,  and  many  others.  Sor- 
erai  of  tlic  cases  which  our  author  goes  on  to  cite  arc  instances  of  legislative^ 
not  judicial,  interpretation;  that  is,  legally  they  are  no  interj)retation  at  all, 
being  all  liable  to  be  overruled  by  the  Supreme  Court.  —  Am.  Ed. 


CHANCES   OF  DUEATION   OP  THE  UNIOS.  525  . 

sented  to  retire  before  the  civilized  settlers,  the  Federal 
right  was  not  contested  ;  but  as  soon  as  an  Indian  tribe 
attempted  to  fix  its  residence  upon  a  given  spot,  the  adja- 
cent States  claimed  possession  of  the  lands,  and  a  right  of 
sovereignty  over  the  natives.  The  central  government 
soon  recognized  both  these  claims  ;  and  after  it  had  con- 
cluded treaties  with  the  Indians  as  independent  nations, 
it  gave  them  up  as  subjects  to  the  Ic^Iative  tyranny  of  the 
States.» 

Some  of  the  States  which  had  been  founded  npon  the 
coast  of  the  Atlantic  extended  indefinitely  to  the  West, 
into  wild  re^ons  where  no  European  had  yet  penetrated. 
The  States  whose  confines  were  irrevocably  fixed  looked 
with  a  jealous  eye  upon  the  unbounded  regions  which  were 
thus  opened  to  their  neighbors.  The  latter  then  agreed, 
with  a  view  to  conciliate  the  others,  and  to  fàciUtate  the 
act  of  Union,  to  lay  down  their  own  boundaries,  and  to 
abandon  all  the  temtory  which  lay  beyond  thera  to  the 
confederation  at  large,  f  Thenceforward  the  Federal  gov- 
.  emment  became  the  owner  of  all  the  uncultivated  lands 
which  lie  beyond  the  borders  of  the  thirteen  States  first 
confederated.  It  had  the  right  of  parcelling  and  selling 
them,  and  the  sums  derived  from  this  source  were  paid 
into  the  public  treasury  to  furnish  the  means  of  purclinsing 
tracts  of  land  from  the  Indians,  opening  roads  to  the  re- 

■  Sec,  Id  the  LcgislaiiTO  Docmncnts  already  qnoied  in  ipcaking  of  ihe 
Indiana,  the  letter  of  tlio  PreBident  of  the  United  States  to  the  Cltcrokcci, 
hii  correspondcnco  on  tliis  subject  with  hil  agenU,  and  hia  mcsaogca  to  Con- 
gnm.  [In  ilio  cnso  here  referred  lo,  Georgia  did  not  clajm  a  right  of  tor- 
enigntj  over  tl]e  Indiana  aa  hci  own  subjeela,  bnc  only  damandcd  tlint  they 
ahoald  leave  a  tnut  of  coannr,  tin  Indian  title  Co  wliirh  Iho  Fcdeint  gor- 
ernraent  had  plcd(rt?il  iiself  lo  eitingaiah.  — Am.  Ed.] 

t  The  lirat  aei  of  ecasion  waa  made  by  the  State  of  New  York  in  IISO'; 
Virginia,  Maasacl]nset[a,  Conneetieat,  South  and  North  Carolina,  followed 
thia  example  ac  diUl^rcnC  timea,  and,  lastly,  the  act  of  ccsaion  of  Georgia  wia 
made  aa  recently  aa  ISOS 


— -■  w    >aiT„  onntoi, 

>■■  ^-""V  iS,  nVlir  of  roji 
".-.V-,VIv  ,„  ,|,i.i,  „„.„ 
«mp  nvMV  and  more  tl 
K  d<l«ire  II,,  Union  of  , 

ItJ-dWlWrtoenjoyedja 
•  I.W  ly  „|,„.l,  ,1,, 

*""''"■  »l»  "flMd,  wa, 
"I'"""».  «Itlmugl,  tie  la 
to  Inem." 

■"«■  »l'glite«  olaervatio, 
"ne  to  .ppre,.;,te  a,e  xj^, 

"™  fr°"i   tfie  Bant.     Th 

fafd»,  b„,  „„o  „f  ,j,^  .^ 

e^-     Tl„  „„,„  „f  ,1,^  jjf 

n","!""  "is  l«»de„  „f  „ 

B„l  lie  Ii„|,  „f  ,1,^  jj^._^ 

•^"■ty.     I«  di«.to„  „„ 


CHANCES  OP  DOTATION  OF   THE   UNION.  527 

President  ;  and  they  were  accused,  not  without  probability, 
of  having  abused  their  influence  to  thwart  his  election. 
The  President  therefore  attacked  the  establishment  with 
all  the  warmtli  of  personal  enmity;  and  he  was  encouraged 
in  the  pursuit  of  his  revenge  by  the  conviction  that  he  was 
supported  by  tlie  secret  inclinations  of  the  majority.  The 
Bank  may  be  regarded  as  the  great  monetary  tie  of  the 
Union,  just  as  Congress  is  the  great  legisladve  tie  ;  and 
the  same  passions  which  tend  to  render  the  States  indepen- 
dent of  the  central  power  contributed  to  the  overthrow  of 
the  Bank. 

The  Bank  of  the  United  States  always  held  a  great  num- 
ber of  the  notes  issued  by  the  provincial  banks,  which  it  can 
at  any  time  oblige  them  to  convert  into  cash.  It  has  itself 
nothing  to  fear  from  a  similar  demand,  as  the  extent  of  its 
resources  enables  it  to  meet  all  claims.  But  the  existence 
of  the  provincial  banks  is  thus  threatened,  and  their  op- 
erations arc  restricted,  since  they  are  able  to  issue  only 
a  quantity  of  notes  duly  proportioned  to  their  capital. 
They  submitted  with  impatience  to  this  salutary  control. 
The  newspapers  which  they  bought  over,  and  the  Presi- 
dent, whose  interest  rendered  bim  their  instrument,  at- 
tacked tiie  Bank  with  the  greatest  vcliemence.  They 
roused  the  local  passions  and  the  blind  democratic  instinct 
of  the  country  to  aid  their  cause  ;  and  they  asserttid  that 
the  Bank  directors  formed  a  permanent  aristocratic  body, 
whose  influence  would  ultimately  be  felt  in  the  govern- 
ment, and  affect  those  principles  of  equality  upon  which 
society  rests  in  America. 

The  contest  between  the  Bank  and  its  opponents  was 
only  an  incident  in  the  great  struggle  wliieh  is  going  on 
in  America  between  the  provinces  and  the  central  power, 
—  between  the  spirit  of  democratic  independence,  and  that 
of  a  proper  distribution  and  subordination  of  power.  I  do 
not  mean  that  the  enemies  of  the  Bank  were  identically 


m 

j528  Diaf OGRAOT  IN  iOIEBICA. 

the  same  individuals  who,  on  otiher  pointa,  attadced  Urn 
jFedend  government  ;  bat  I  assert  that  the  attacks  ^Erected 
against  the  Bank  of  the  United  States  originated  in  Ûê 
same  propensities  which  militate  against  the  Federal  gov* 
emment,  and  jthat  the  very  nnmerons  qipcments  at  the 
fimner  afford  a  deplorable  symptom  of  the  decreanug 
strength  of  the  latter. 

.  But  the  Union  has  never  shown  so  nrach  weakneai  as 
on  the  celebrated  question  of  the  Tariff.*  The  wan  of 
the  French  Revolution  and  of  1812  had  created  mann&o- 
turing  establishments  in  the  North  of  the  Union,  by  cut- 
ting off  free  communication  between  America  and  Europe. 
When  peace  was  concluded,  and  the  channel  of  intetoooise 
reopened,  by  which  the  produce  of  Europe  was  transmifc- 
ted  to  the  New  World,  the  Americans  thought  fit  to  estab- 
lish a  system  of  import  duties,  for  the  twofold  purpose  of 
protecting  their  incipient  manuÊictures  and  of  paying  off 
the  amount  of  the  debt  contracted  during  the  war.  The 
Southern  States,  which  have  no  manuÊictures  to  encour- 
age, and  which  are  exclusively  agricultural,  soon  com- 
plained of  this  measure.  I  do  not  pretend  to  examine 
here  whether  their  complaints  were  well  or  ill  founded, 
but  only  to  recite  the  fiicts. 

As  early  as  1820,  South  Carolina  declared,  in  a  petition 
to  Congress,  that  (lie  Tariff  was  "  unconstitutional,  oppres- 
sive, and  unjust."  And  the  States  of  Georgia,  Virginia, 
North  Carolina,  Alabama,  and  Mississippi  subsequently 
remonstrated  against  it  with  more  or  less  "vigor.  But 
Congress,  far  from  lending  an  ear  to  these  complaints, 
raised  the  scale  of  Tariff  duties  in  the  years  1824  and 
1828,  and  recognized  anew  the  principle  on  which  it  was 
founded.  A  doctrine  was  then  proclaimed,  or  rather  re- 
vived, in  the  South,  which  took  the  name  of  Nullification. 

*  Sec  principally,  for  the  details  of  this  afiàir,  the  Legislative  Docomenti^ 
22d  Congress,  2d  Session,  No.  30. 


CHANCES  Oï   DT)B,\TION  OF  THE   UNION.  52y 

I  have  shown  in  the  proper  place  that  the  object  of  the 
Federal  Constitution  was  not  to  form  a  league,  but  to  cre- 
ate a  national  government.  Tlie  Americans  of  the  United 
States  form  one  and  the  same  people,  in  all  the  cases  which 
are  specified  by  that  Constitution  ;  and  u[)on  tliesc  pointa, 
the  will  of  tlie  nation  is  expressed,  as  it  is  in  all  constitu- 
tional nations,  by  the  voice  of  the  majority.  When  the 
majority  1ms  once  spoken,  it  is  tlie  duty  of  the  minority  to 
submit.  Such  is  the  sound  legal  doctrine,  and  the  only 
one  which  agrees  with  the  text  of  the  Constitution,  and 
the  known  intention  of  those  who  framed  it. 

Tlie  partisans  of  Kullification  in  the  South  maintain, 
on  the  contrary,  that  the  intention  of  the  Americans  in 
uniting  was  not  to  combine  tliemselves  into  one  and  the 
same  people,  but  that  they  meant  only  to  form  a  league  of 
independent  States  ;  and  that  each  State,  consequently, 
retdns  its  entire  sovereignty,  if  not  <fe  faeto^  at  least  dt 
jure,  and  has  the  right  of  putting  its  own  construction 
upon  the  laws  of  Congress,  and  of  suspending  their  exe- 
cution within  the  limits  of  its  own  territory,  if  tliey  seem 
unconstitutional  and  unjust. 

The  entire  doctrine  of  Nullification  is  comprised  in  a 
sentence  uttered  by  Vice-President  Calhoun,  the  head  of 
that  party  in  the  South,  before  the  Senate  of  the  United 
States,  in  1833  :  "  The  Constitution  is  a  compact  to  which 
the  States  were  parties  in  their  sovereign  capacity:  now, 
whenever  a  compact  is  entered  into  by  parties  which  ac- 
knowledge no  common  arbiter  to  decide  in  the  lust  resort, 
each  of  them  has  a  right  to  judge  for  itself  in  relation  to 
the  nature,  extent,  and  obligations  of  the  instniment."  It 
is  evident  that  such  a  doctrine  destroys  the  very  basis  of 
the  Federal  Constitution,  and  brings  back  the  anarchy 
from  which  tlie  Americans  were  delivered  by  the  act  of 
1789. 

When  South  Carolina  perceived  that  Congress  turned. 


630  DEHOCRAOT  IH   ^H*y"A- 

a  deaf  ear  to  ito  remonstzancfli,  it  thraatmud  to  ^ply  an 
doctrine  of  Nollificatioii  to  the  Fedenl  Tkriff  taw.  Ci»- 
grcs9  persisted  in  its  system,  and  at  length  the  stonn  broke 
out.  In  the  course  of  1882,  the  people  of  Sooth  Cnrolûia* 
named  a  national  convention,  to  consult  xxpaa  ib»  «xtnoF- 
dinaiy  measures  which  remained  to  be  taken  ;  End  on  tlw 
24th  of  November  of  the  same  year,  this  convention  pn^ 
mulgated  a  law,  under  the  form  of  a  decree,  which  an- 
nulled the  Federal  kw  <^  the  Tariff,  forbade  the  levy  of 
tbe  imposts  which  that  law  commands,  and  refhsed  to  reo- 
ognizo  the  ^peal  which  nught  be  made  to  the  Federal 
courts  of  law.f  This  decree  was  only  to  be  put  in  exsca- 
tion  in  the  euBoing  month  of  Februaiy  ;  and  it  was  hiti- 
mated  that,  if  Congreaa  modified  the  Tariff  before  that 
period,  South  Carolina  might  be  induced  to  proceed  no 
further  \\-ith  her  menaces  ;  and  a  vague  desire  was  niter- 
wards  expressed  of  submitting  the  question  to  an  extraor- 
dinary assembly  of  all   the   conledemte  States.      In   the 

•  That  ia  to  mj,  the  miyoritf  of  tho  people  ;  for  iho  opposiic  party, 
called  tho  Union  party,  aln-ny»  formed  a  very  strong  and  active  niinority. 
Carolina  may  rantain  alioul  47,000  votera  ;  SO,O00iTcro  in  favor  of  nallificm- 
tion,  and  17,000  opposed  (o  it. 

(  Tlua  Uocrco  waa  preceded  by  a  Report  of  the  Commitlcc  by  wliicb  it 
waa  framed,  eonlaining  llic  explatialion  of  the  motives  and  object  of  tha 
Ian-.  The  folloitini;  passage  oeeura  in  it  (p.  34}:  "  Wlicn  the  Tii:bi(  re. 
served  by  ibo  ConBCitulion  to  tbc  diUcrcnt  States  an  dolibcraloly  violntcd,  it 
ia  the  duly  and  llio  right  of  ihoso  Slalea  to  inlcriere,  in  order  to  clicek  lh« 
progress  of  the  evil  ;  to  rcaist  usurpation,  and  to  maintain,  within  tlicir  t» 
Bpoetive  limita,  those  powers  and  privili^^  which  belong  to  llicra  as  indepat- 
denl,  snvreiifn  Stalet,  If  they  were  destilulc  of  thîa  righl,  llicy  would  not  b* 
sovereign.  South  Carolina  declares  that  she  aekoowletlgcs  no  tribunal  upon 
earth  abovo  her  authority.  She  has  indeed  entered  into  a  solemn  compart 
of  nnion  with  the  other  Slates  ;  bat  she  demands,  and  will  exercise,  the  right 
of  pottiDg  her  own  conatmction  upon  it  ;  and  when  this  compact  ia  violated 
bj  bet  dHer  SIbIM,  and  by  the  govcnimcnt  which  they  have  created,  slw  it 
-Mnnfaiad  to  vrail  heraelf  of  tho  nnqucstionablo  right  of  judging  what  ii 
■MMllRM^f  (be  in&ttctioD,  and  «br.t  are  tho  measures  best  fitted  to  obtain 


CHAHCES  or  DUBATION  OP  THE  UNIOS.  681 

mean  time,  South  Carolina  armed  her  militia,  and  pn- 
pared  for  war. 

Bnt  Congress,  which  had  slighted  its  suppliant  snhjects, 
listened  to  their  complaints  as  soon  as  'thej  appeared  with 
arms  in  their  hands.*  A  law  was  passed,  by  which  the 
tariff  duties  were  to  be  gradually  reduced  for  ten  years, 
until  they  were  brought  so  low  as  not  to  exceed  the 
supplies  necessary  to  the  government.  Thug  Congress 
completely  abandoned  the  principle  of  the  Tariff,  and 
substituted  a  mere  fiscal  impost  for  a  system  of  protec- 
tive duties.f  The  government  of  the  Union,  to  conceal 
its  defeat,  had  recourse  to  an  expedient  which  is  much  in 
vogue  with  feeble  governments.  It  yielded  the  point  de 
facto,  but  remained  inflexible  upon  the  principles  ;  and 
whilst  it  was  altering  the  Tariff  law,  it  passed  another 
bill,  by  which  the  President  was  invested  with  extraor> 
dinary  powers,  enabling  him  to  overeome  by  force  a  resist 
anco  which  was  then  no  longer  to  be  feared. 

But  South  Carolina  did  not  consent  to  leave  the  Union 
in  tlie  enjoyment  of  these  scanty  appearances  of  success: 
the  same  national  convention  which  had  annulled  the 
Tariff  bill,  met  again,  and  accepted  the  proffered  conces- 
sion ;  hut,  at  tlie  same  time,  it  declared  its  unabated  per- 
severance  in  the  doctrine  of  nullification  ;  and,  to  prove 
what  it  said,  it  annulled  the  law  investing  the  President 
with  extraordinary  powers,  although  it  was  very  certain 
that  tlie  law  would  never  be  carried  into  effect. 

Almost  all  the  controversies  of  which  I  have  been  speak- 
ing have  taken  place  under  the  Presidency  of  General 

•  CongivM  WM  finally  decided  to  take  this  step  b/  the  conduct  of  the 
powerfol  State  of  Virginia,  whose  Lcgislatnre  o&èred  (o  acrre  aï  a  mediator 
between  the  Union  and  South  Carolina.  Hitherto  the  latter  State  had  ap- 
peared to  be  enCirclj  abandoned,  even  bf  the  Slatea  wbich  had  joined  in  her 


t  This  bill  wu  brought  in  bj  Mr.  Claj,  and  it  paaaed  in  fbor  itjs  throngh 
both  honaca  of  Congiesa,  bj  an  iinmeoM  majoritj. 


S82  DEMOCRACY   IN  AUUïICA. 

Jackson  ;  and  it  cjniiiot  bo  deiiiod  that,  in  the  question 
of  tlie  Tiiriff,  111-  lia.t  Mupportcd  the  righte  of  tlio  Union 
with  entT^  anil  skill.  I  ihinlt,  however,  that  tlic  con- 
duct of  lliia  Prwiidt-nt  of  the  Federal  govi;niment  may 
he  reckoned  as  ouc  of  thtt  daii^rx  which  threaten  iu 
continuance. 

Some  porsons  in  Europe  have  foriiie<l  an  opinion  of  the 
influence  of  Oeni-rul  Jackson  upon  the  affairs  of  his  coun- 
try wliicti  uppi-iiRi  highly  cxtravogimt  to  those  who  have 
«een  rlie  nuhject  nearer  at  hand.  We  have  been  told  that 
Oetiei-al  Jackson  has  won  battles  i  that  he  is  an  energetic 
man,  prone  by  nature  and  liaWt  M  the  use  of  force,  cot- 
etoua  of  power,  and  a  despot  by  inclination.  All  this  may 
be  true  ;  bot  the  inferences  which  have  been  drawn  from 
these  truths  are  very  erroneous.  It  baa  been  imagined 
that  General  Jackson  is  bent  on  establishing  a  dictatorship 
in  America,  introducing  a  military  spirit,  and  giving  a 
degree  of  influence  to  the  central  authority  which  cannot 
but  be  dangerous  to  provincial  liberties.  But  in  America 
the  time  for  similar  undertakings,  and  the  age  for  men  of 
this  kind,  is  not  yet  come  :  if  General  Jackson  had  thought 
of  exercising  bis  authority  in  tliis  manner,  he  would  intidli- 
hly  have  forfeited  his  political  station,  and  compromised  his 
life,  —  he  has  not  been  so  imprudent  as  to  attempt  any- 
thing of  the  kind. 

Far  from  wishing  to  extend  the  Federal  power,  the 
President  belongs  to  the  party  wliich  is  desirous  of  hm- 
iting  that  power  to  the  clear  and  precise  letter  of  the 
Constitution,  and  which  never  puts  a  construction  upon 
that  act  fiivorablc  to  the  government  of  the  Union  ;  far 
from  standing  forth  as  the  champion  of  centralization.  Gen- 
eral Jackson  is  the  agent  of  the  State  jealousies  ;  and  he 
was  placed  in  bis  lofty  station  by  the  passions  which  are 
most  opposed  to  the  central  government.  It  is  by  per- 
petually flattering  these  passions  that  he  maintains  his  sta- 


CHANCES  OF  DUBATIOS  OF  THE  UMON.  538 

tion  and  his  popularity.  General  Jackson  is  the  slave 
of  the  majority  :  he  yields  to  its  wishes,  iti  propensities, 
and  its  demands,  —  say,  rather,  anticipates  and  forestalls 
them. 

Whenever  the  governments  of  the  States  come  into  col- 
lision with  that  of  the  Union,  the  President  is  generally 
the  first  to  question  his  own  rights, — he  almost  always 
outstrips  the  legislature  ;  and  when  the  extent  of  the  Fed- 
eral power  is  controverted,  he  takes  part,  as  it  won, 
against  himself,  —  lie  conceals  his  official  interests,  and 
labors  to  diminish  his  own  dignity.  Not,  indeed,  that  he 
b  naturally  weak  or  hostile  to  the  Union  ;  for  when  the 
majority  decided  against  the  claims  of  nullification,  lie  put 
himself  at  their  head,  asserted  the  doctrines  wliich  the  na- 
tion held  distinctly  and  energetically,  and  was  the  first  to 
recommend  force  ;  but  General  Jackson  appears  to  me,  if 
I  may  use  the  American  expression,  to  be  a  Federalist  by 
taste  and  a  Republican  by  calculation. 

General  Jackson  stoops  to  gain  the  favor  of  the  major- 
ity ;  but  when  he  feels  that  his  popularity  is  secure,  he 
overthrows  all  obstacles  in  the  pursuit  of  tlie  objects  wliich 
the  community  approves,  or  of  those  wliich  it  does  not 
regard  with  jealousy.  Supported  by  a  power  which  his 
predecessors  never  had,  he  tramples  on  his  personal  ene- 
mies, whenever  they  cross  his  path,  with  a  facility  without 
example  ;  he  takes  upon  himself  the  responsibility  of  meas- 
ures which  no  one  before  him  would  have  ventured  to 
attempt;  he  even  treats  the  national  representatives  with 
a  disdain  approaching  to  insult  ;  he  puts  his  veto  upon  the 
laws  of  Congress,  and  frequently  neglects  eve»  to  reply 
to  that  powerful  body.  He  is  a  fiivoritc  who  somi'times 
treats  his  master  roughly.  The  power  of  General  Jackson 
perpetually  increases,  but  that  of  the  President  declines  ; 
in  his  hands,  the  Federal  government  is  strong,  but  it  will 
pass  enfeebled  into  the  hands  of  his  succesnor. 


68é  DXMOGRACT  IX  AMEBIQA. 

•  I  am  fitrangelj  mistaken  if  the  Federal  goyemmenl  of 
ihe  United  States  be  not  constantly  lofflng.atrengtli»  reftnriDg 
gradually  from  puUic  aifidra,  and  narrowing  its  dide  cf 
action.  It  is  natorallj  feeUe,  bat  it  now  abandons  even 
the  appearance  of  strength.  On  the  other  hand^  I  thon^t 
that  I  remarked  a  more  lively  sense  of  independence,  and 
a  more  decided  attachment  to  their  separate  govemmentSi 
in  the  States.  The  Union  is  desired,  but  only  as  a  shadow; 
they  wish  it  to  be  strong  in  certain  cases,  and  weak  in  all 
others  ;  in  time  of  warfiore,  it  is  to  be  able  to  concentrate 
all  the  forces  of  the  nation,  and  all  the  resources  of  the 
country,  in  its  hands  ;  and  in  time  of  peace,  its  A-Afcanr» 
is  to  be  scarcely  perceptible  ;  as  if  this  alternate  debility 
and  vigor  were  natural  or  possible. 

I  do  not  see  anything  for  the  present  which  can  check 
this  general  tendency  of  opinion  :  the  causes  in  which  it 
originated  do  not  cease  to  operate  in  the  same  direction. 
The  change  will  therefore  go  on,  and  it  may  be  predicted 
that,  unless  some  extraordinary  event  occurs,  the  govern- 
ment of  the  Union  will  grow  weaker  and  weaker  every 
day. 

I  think;  however,  that  the  period  is  still  remote,  at  which 
the  Federal  power  will  be  entirely  extinguished  by  its  ina- 
bility to  protect  itself,  and  to  maintain  peace  in  the  country.' 
The  Union  is  sanctioned  by  the  manners  and  desires  of 
the  people;  its  results  are  palpable,  its  benefits  visible. 
When  it  is  perceived  that  the  weakness  of  the  Federal 
government  compromises  the  existence  of  the  Union,  I  do 
not  doubt  that  a  reaction  will  take  place  with  a  view  to 
increase  its  strength. 

The  government  of  the  United  States  is,  of  all  the  Fed- 
eral governments  wliich  have  hitherto  been  established,  the 
one  which  is  most  naturally  destined  to  act.  As  long  as  it 
is  only  indirectly  assailed  by  the  interpretation  of  its  laws, 
and  as  long  as  its  substance  is  not  seriously  impaired,  a 


FBOBABLE  DUBATIOM  OP  THE  BEPUBLIC.  585 

change  of  opinion,  an  internal  crisis,  or  a  war,  may  restore 
all  the  vigor  which  it  requires.  What  I  have  been  most 
anxious  to  establish  is  simply  this  :  Many  people  in  France 
imagine  that  a  change  of  opinion  is  going  on  in  the  United 
States,  which  is  Avorable  to  a  centralization  of  power  in 
the  hands  of  the  President  and  the  Congress.  I  hold  that 
a  contrary  tendency  may  dbtinctly  be  observed.  So  &r 
is  the  Federal  government,  as  it  grows  old,  &om  acquir- 
ing strength,  and  from  threatening  the  sovereignty  of  the 
States,  that  I  maintain  it  to  be  growing  weaker,  and  that 
the  sovereignty  of  the  Union  alone  is  in  danger.  Such 
are  the  facts  which  the  present  time  discloses.  The  iutnre 
conceab  the  final  result  of  this  tendency,  and  the  events 
which  may  check,  retard,  or  .accelerate  the  changes  I  have 
described  ;  I  do  not  affe^Tto  be  able  to  remove  the  veil 
which  hides  them. 


Uoion  U  onlj  an  Accident.  —  RepallUi;Mt  Iiutinitiolit  bare  more  Far- 
iDCDcs.  —  A  Ropublic  fbr  IbB  PreMDt  ia  the  natnnl  StMe  of  the  An- 
glo-AmcricsQs.  —  Reason  of  thii.  —  In  order  to  destroj  it,  tH  the  Lkwi 
ho  changed  at  the  itune  Time,  aod  >  great  Alteratioii  take  place 
in  fttanncra. — Dîfficnlrïes  which  the  Americani  would  experience  in 
crcaliog  an  Ariatocracy. 

The  dismemberment  of  the  Union,  by  introducing  war 
into  the  heart  of  those  States  which  are  now  confederatoy 
with  standing  armies,  a  dictatorship,  and  a  heavy  taxation, 
might  eventually  compromise  the  fete  of  republican  insti- 
tutions. But  we  ought  not  to  confound  the  future  pros- 
pects of  the  republic  with  those  of  the  Union.  The  Union 
is  an  accident,  which  will  only  last  as  long  as  circumstances 
favor  it  ;  but  a  republican  fbnn  of  govevma^nX  %ȣq&  ^i;^ 


586  DEMOCBACY  IN  AMERICA. 

me  the  natural  state  of  the  Americans,  which  nothing  but 
the  continued  action  of  hostile  causes,  always  acting  in  the 
same  direction,  could  change  into  a  monarchy.  The  Union 
exists  principally  in  the  law  which  formed  it  ;  one  revolu- 
tion, one  change  in  pubhc  opinion,  might  destroy  it  fop- 
ever  ;  but  the  republic  has  a  deeper  foundation  to  rest 
upon. 

What  is  understood  by- a  republican  government  in  the 
United  States,  is  the  slow  and  quiet  action  of  society  upon 
itself*.  It  is  a  regular  state  of  things  really  founded  upon 
the  enlightened  will  of  the  people.  It  is  a  conciliatory 
government,  under  wliich  resolutions  are  allowed  time  to 
ripen  ;  and  in  which  they  are  deliberately  discussed,  and 
are  executed  only  when  mature.  The  rej)ublicans  in  the 
United  States  set  a  liigli  value  upon  morality,  respect  re- 
limous  belief,  and  acknowlediiie  the  existence  of  riijlits. 
They  pn)f ess  to  think  that  a  peoj)le  ouglit  to  be  moral, 
religious,  antl  temperate,  in  j)roportion  as  it  is  free.  What 
is  called  the  rei)ublic  in  the  United  States  is  the  tranquil 
rule  of  the  majority,  which,  after  having  had  time  to  ex- 
amine itself,  and  to  give  proof  of  its  existence,  is  the  com- 
mon source  of  all  the  powers  of  the  State.  But  the  power 
of  the  majority  itself  is  not  unlimited.  Above  it,  in  the 
moral  world,  are  humanity,  justice,  and  reason  ;  and  in  the 
political  world,  vested  rights.  The  majority  i*ecognizes 
these  two  barriers  ;  and  if  it  now  and  then  overstep  them, 
it  is  beeause,  like  individuals,  it  has  passicms,  and,  like 
them,  it  is  prone  to  do  what  is  wrong,  whilst  it  discerns 
what  is  riirht. 

But  the  demagogues  of  Europe  have  made  strange  dis- 
coveries. A  re})ublic  is  not,  according  to  them,  the  rule 
of  the  majority,  as  has  hitherto  been  tliought,  but  the  rule 
of  those  who  are  strenuous  partisans  of  the  majority.  It 
is  not  the  j)eoi)le  who  preponderate  in  this  kind  of  govern- 
ment, but  those  who  know  what  is  good  for  the  people;  — 


PROBABLE  DURATION   OF  THE  BEPtlBLIC.  537 

a  happy  distinction,  which  allows  men  to  act  in  the  name 
of  nations  without  consulting  them,  and  to  claim  their 
gratitude  whilst  their  rights  are  trampled  under  foot.  A 
republican  government,  moreover,  they  hold,  is  the  only 
one  which  has  the  right  of  doing  whatever  it  chooses,  and 
despisinfT  what  men  have  hitherto  respected,  from  the  high- 
est moral  laws  to  the  vulgar  roles  of  common  sense.  It 
had  been  supposed,  unti]  our  time,  that  despotism  was 
odious,  under  whatever  form  it  appeared.  But  it  is  a 
discovery  of  modem  days  that  there  are  such  things  as 
legitimate  tyranny  and  holy  injustice,  provided  they  are 
exercised  in  the  name  of  the  people. 

The  ideas  which  the  Americans  have  adopted  respecting 
the  republic,  render  it  easy  for  them  to  live  under  it,  and 
insure  its  duration.  With  them,  if  the  republic  be  often 
practically  bad,  at  least  it  is  theoretically  good  ;  and,  in  the 
end,  the  people  always  act  in  conformity  to  it. 

It  was  impossible,  at  the  foundation  of  the  States,  and  it 
would  still  be  diihcult,  to  establish  a  central  administration 
in  America.  The  inhabitants  are  dispersed  over  too  great 
a  space,  and  separated  by  too  many  natural  obstacles,  for 
one  man  to  undertake  to  direct  the  details  of  their  exist- 
ence. America  is  therefore  pre-eminently  the  countiy 
of  provincial  and  municipal  government.  To  this  cause, 
which  was  i)lainly  felt  by  all  the  Europeans  of  the  New 
World,  the  Anglo-Americans  added  several  others  pecu- 
liar to  themselves. 

At  the  time  of  the  settlement  of  the  North  American 
Colonies,  municipal  liberty  had  already  penetrated  into  the 
laws  as  well  as  the  manners  of  the  English,  and  the  emi- 
grants adopted  it,  not  only  as  a  necessary  thing,  but  as  a 
benefit  which  they  knew  how  to  appreciate.  We  have 
ah^ady  seen  how  the  Colonies  were  founded:  every  prov- 
ince, and  almost  every  district,  was  peopled  separately  by 
men  who  were  strangers  to  each  other,  or  were  a£sQ?.à.^eÂ. 


> 


S88  vmoŒAcr  js 


i;i:n») 


with  Tesry  difierent  |nii:p<Mt.  The  'BagaA  MHkn  inllft 
United  States,  therefore,  eerij  pereciTed  tlmi  tiiejr  irm 
divided  into  a  great  nunber  of  smaH  and  dutinct  oooubih 
nities, which  belonged  to  no  common  centre;  and  tint 
each  ci  these  little  communities  must  take  care  of  its  own 
aflBsdrs,  since  there  was  not  anj  central  anthcri^  wfaicb 
was  natnrallj  bound  and  easilj  enabled  to  proyide  ht 
diem.  Thus,  the  nature  of  the  country,  the  manner  ia 
which  the  British  Cdooies  were  firanded,  the  halnts  of  tbt 
first  emigrants,  in  short,  everything,  united  to  premots^ 
in  an  extraordinary  degree,  municipal. and  provindal  lib- 
erties* 

In  the  United  States,  therefiwe,  the  mass  of  the  instito- 
tiens  of  the  coontiy  is  essentially  republican  ;  and,  in  order 
permanently  to  destroy  the  laws  which  form  the  basis  of 
the  republic,  it  would  be  necessary  to  abolish  all  the  laws 
at  once.  At  the  present  day,  it  would  be  even  more  diflS- 
cult  for  a  party  to  found  a  monarchy  in  the  United  Stales, 
than  for  a  set  of  men  to  convert  France  into  a  republic. 
Royalty  would  not  find  a  system  of  legislation  prepared 
for  it  beforehand  ;  and  a  monarchy  would  then  really  exist, 
surrounded  by  republican  institutions.  The  monarchical 
principle  would  likewise  have  great  difficulty  in  penetrat- 
ing into  the  manners  of  the  Americans. 

In  the  United  States,  the  sovereignty  of  the  people  is 
not  an  isolated  doctrine,  bearing  ho  relation  to  the  prevail- 
ing habits  and  ideas  of  the  people  ;  it  may,  on  the  con- 
trary, be  regarded  as  the  last  link  of  a  chain  of  opinions 
which  binds  the  whole  Anglo-American  world.  That 
Providence  has  given  to  every  human  being  the  degree 
of  reason  necessary  to  direct  himself  in  the  affairs  which 
interest  him  exclusively,  is  the  grand  maxim  upop  which 
civil  and  political  society  rests  in  the  United  States.  The 
Either  of  a  femily  applies  it  to  his  children,  the  master  to 
his  servants,  tVie  \owns\v\c  \a  \ta  ofBcers^  the  province  to 


PROBABLE  DUBATIOX  0?  THE  KPUBUC.  589 

îta  townships,  the  State  to  the  provinces,  the  Union  to  the 
States  ;  and,  when  extended  to  the  nation,  it  becomes  the 
doctrine  of  the  sovereignty  of  the  people. 

Thus,  in  the  United  States,  the  fundamental  principle 
(^  the  republic  is  the  same  which  governs  the  greater  part 
of  human  actions  ;  republican  nations  insinuate  themselves 
into  all  the  ideas,  opinions,  and  habits  of  the  Americans, 
and  are  formally  recognized  by  the  laws  ;  and,  before  the 
laws  could  be  altered,  the  whole  community  must  be  revo- 
lutionized. In  the  United  States,  even  the  religion  of  most 
of  the  citizens  ia  republican,  since  it  submits  the  truths  of 
the  other  world  to  private  judgment:  as  in  politics,  the 
care  of  their  temporal  interests  is  abandoned  to  the-  good 
sense  of  the  people.  Thus,  every  roan  is  allowed  freely 
to  take  that  road  which  he  thinks  will  lead  him  to  heaven, 
—just  as  the  law  permits  every  citizen  to  have  the  right 
of  choosing  his  own  government. 

It  is  evident  that  nothing  but  a  long  series  of  events,  all 
having  the  same  tendency,  could  substitute  for  this  conn 
bination  of  laws,  opinions,  and  manners,  a  mass  of  opposite 
opinions,  manners,  and  laws. 

If  republican  principles  are  to  perish  in  America,  they 
can  yield  only  after  a  laborious  social  process,  often  inter- 
rupted, and  as  often  resumed  ;  they  will  have  many  appar- 
ent  revivals,  and  will  not  become  totally  extinct  until  an 
entirely  new  people  shall  have  succeeded  to  those  who  now 
exist.  There  is  no  symptom  or  presage  of  the  approach 
of  such  a  revolution.  There  is  nothing  more  striking  to 
a  person  newly  arrived  in  the  United  States,  than  the  kind 
of  tumultuous  agitation  in  which  he  finds  political  society. 
The  laws  are  incessantly  chan^ng,  and  at  first  sight  it 
seems  impossible  that  a  people  so  fidde  in  its  desires  should 
avoid  adopting,  within  a  short  space  of  time,  a  completely 
new  form  of  government.  But  such  apprehensions  are  pre- 
mature ;  the  instability  which  affects  pohticaL  iD&tita.^ï!so& 


540  DFJiocRAcr  nf  AioiticA. 

is  of  two  Icinda,  which  might  tirtt  in  be  confotmded. 
The  first,  which  modities  ftccondury  laws,  is  not  incom- 
patible with  a  very  settled  state  of  society.  The  other 
fih&k(>s  the  Very  Foutidatiotis  of  t}i^  Constitntioii,  and  at- 
tacks the  fundamental  principles  of  legislation  ;  tilts  spmcs 
of  instabihty  is  always  followed  by  troubles  and  revolu- 
tions, and  the  nation  which  sulTurs  under  it  is  in  a  violent 
and  transitory  state. 

Expérience  shows  that  these  two  kinds  of  législative  in- 
stability have  no  necessary  connection  ;  for  they  have  been 
found  united  or  8eparat«,  according  to  times  and  clR-um- 
stanccs.  The  first  is  common  îii  the  United  Slat««,  but 
not  tlie  second  :  the  Americans  often  change  their  laws, 
but  the  ibundatious  of  the  Constitution  are  resjiected. 

In  our  diiys,  the  republican  principle  ruk'S  in  America, 
as  the  monarchical  principle  did  in  France  under  Louis 
XIV.  The  French  of  that  period  were  not  only  friends 
of  tlie  monarchy,  but  thought  it  impossible  to  put  anything 
in  its  place  ;  they  received  it  as  we  receive  the  rays  of  the 
sun  and  the  return  of  the  seasons.  Amongst  them  the 
royal  power  had  neither  advocates  nor  opponents.  In  like 
manner  does  tlie  republican  government  exist  in  America, 
without  contention  or  opposition,  without  proofs  or  argu- 
ments, by  a  tacit  agreement,  a  sort  of  consensu»  universaH». 

It  is,  however,  my  opinion,  that,  by  changing  their  ad- 
ministrative forms  as  often  as  they  do,  the  in^iibitantâ  of 
the  United  States  compromise  the  stability  of  their  gov- 
ernment. It  may  be  apprehended  that  men,  perpetually 
thwarted  in  their  designs  by  the  mutability  of  legislation, 
will  learn  to  look  upon  the  republic  as  an  inconvenient 
form  of  society  ;  the  evil  resulting  from  the  instability  o£ 
the  secondary  enactments  might  then  raise  a  doubt  as  to 
the  nature  of  the  fundamental  principles  of  the  Constitn^ 
lion,  and   indirectly  bring   about  a  revolution  ;   but  this 


PBOBABLE  DUSATION   OP  THE  BSFUBUC.  541 

It  may  be  foreseen  even  now,  that,  when  the  Americans 
lose  their  republican  institutions,  they  will  speedily  arrive 
at  a  despotic  government,  without  a  long  interval  of  lim- 
ited monarchy.  Montesquieu  remarked,  that  nothing  is 
more  absolute  than  the  authority  of  a  prince  who  imme- 
diately succeeds  a  republic,  since  the  indefinite  powers 
which  had  fearlessly  been  intrusted  to  an  elected  magis- 
trate are  then  transferred  to  an  hereditary  sovereign.  This 
is  true  in  general,  but  it  is  more  peculiarly  applicable  to  a 
democratic  republic.  In  the  United  States,  the  magistrates 
ore  not  elected  by  a  particular  class  of  citizens,  but  by  the 
majority  of  the  nation  ;  as  tliey  are  the  immediate  repre- 
sentatives of  the  passions  of  the  multitude,  and  are  wholly 
dependent  upon  its  pleasure,  they  excite  neither  hatred  nor 
fear:  hence,  as  I  have  already  shown,  very  little  care  has 
been  taken  to  limit  their  authority,  and  they  are  left  in 
possession  of  a  vast  deal  of  arbitrary  power.  This  state 
(^  tilings  has  created  habits  which  would  outhve  itself;  tlie 
American  magistrate  would  retain  his  indefinite  power,  but 
would  cease  to  be  responsible  for  it  ;  and  it  is  impossible  to 
say  what  bounds  could  then  be  set  to  tyranny. 

Some  of  our  European  politicians  expect  to  see  an  aris- 
tocracy arise  in  America,  and  already  predict  the  exact 
period  at  which  it  will  assume  the  reins  of  government.  I 
have  previously  observed,  and  I  repeat  it,  that  the  present 
tendency  of  American  society  appears  to  me  to  become 
more  and  more  democratic.  Nevertheless,  I  do  not  assert 
that  the  Americans  will  not,  at  some  future  time,  restrict 
the  circle  of  political  rights,  or  confiscate  those  rights  to 
the  advantage  of  a  single  man  ;  but  I  cannot  believe  that 
they  will  ever  give  the  exclusive  use  of  tliem  to  a  privi- 
leged class  of  citizens,  or,  in  other  words,  that  they  will 
ever  found  an  aristocracy. 

An  aristocratic  body  is  composed  of  a  certain  number 
,  of  citizens,  who,  without  being  very  &r  removed  from,  tb» 


&42  DEUOCRACT  IN  AMERICA, 

mass  of  the  people,  are,  nevertlieieM,  permanent]/  aU- 
tion»!  above  them;  —  a  body  which  it  is  easy  to  touch, 
and  difficult  to  strike,  —  with  which  the  peojJe  are  in 
daily  oftnlnrt,  hut  with  which  they  can  never  CAtnbine. 
Nothing  can  be  imapned  more  contrary  to  nature  and  to 
the  secret  instincts  of  the  human  lieart,  than  a  subjection 
of  this  VmA  ;  and  men  who  are  leil  to  follow  tlicir  own 
bent  will  always  prefer  tlie  arbitrary  power  of  a  king  to 
the  regular  administration  of  an  aristocracy.  Aristocratic 
institutions  cannot  subsist  witliout  laying  down  the  in- 
equality of  men  as  a  tùndamental  principle,  legalizing  it 
beforehand,  and  introducing  it  into  the  family  as  well  as 
into  society  ;  but  tlieae  are  things  so  repugnajit  to  natural 
equity,  tliat  they  can  only  be  extorted  from  men  by  con- 
straint. 

I  do  not  think  a  single  people  can  be  quoted,  since 
human  society  began  to  exist,  which  has,  by  its  own  free 
will  and  its  own  exerlàons,  created  an  aristocracy  within 
its  own  bosom.  All  the  aristocracies  of  the  Middle  Ages 
were  founded  by  military  conquest  ;  the  conqueror  was 
the  noble,  the  vanquished  became  the  serf.  Inequality 
was  then  imposed  by  force  ;  and  after  it  had  been  once 
introduced  into  the  manners  of  the  country,  it  maintained 
itself,  and  passed  naturally  into  tlie  laws.  Communities 
have  existed  which  were  aristocratic  from  their  earliest 
origin,  owing  to  circumstances  anterior  to  tliat  event,  and  " 
wliich  became  more  democratic  in  each  succeeding  age. 
Such  was  the  lot  of  the  Romans,  and  of  the  barbarians 
after  them.  But  a  people,  having  taken  its  rise  in  civili- 
zation and  democracy,  which  should  gradually  establish 
inequality  of  condition,  until  it  arrived  at  inviolable  privi- 
leges and  exclusive  castes,  would  be  a  novelty  in  the  world; 
and  nothing  indicates  that  America  is  likely  to  be  the  first 
to  fiimish  such  an  example. 


COMUERCIAL  PBOSPEBITT  OF  THE  DKITED   STATES.    548 


ti-f 


The  AmericMi»  deatiiied  b;  Nature  M  be  agical  Maritime  People.  —  Extent 
of  their  CoMla.  —  Depth  of  their  Ports.  —  Sim  of  their  Itiven.  —  The 
Commercial  Superiority  of  the  Anglo-Americans  leu  attributable,  how- 
ever, to  Physical  Circamftancea,  than  to  Hoial  and  latcliectual  Causes. 
—  Bcason  of  this  Opinion.  —  Fntnie  of  the  Anglo-Americans  a»  a  Com- 
mercial Nation.  —  The  DiMoIalioii  of  the  Unioa  would  not  check  the 
Maritime  Vigor  of  the  Slat«*.  —  Reason  of  this.  —  Anglo-Americane  will 
naturally  supply  the  Wants  of  the  Inhabitanli  of  South  America.  —  Thej 
will  become,  like  the  English,  the  Factors  of  a  great  Portion  of  tba 
World. 

The  coast  of  the  United  States,  from  the  Bay  of  Ftindy 
to  the  Sabine  River  in  the  Gulf  of  Mexico,  is  more  than 
two  tliousand  milee  in  extent*  These  shores  form  an  un- 
broken line,  and  are  all  subject  to  the  same  government. 
No  nation  in  the  world  possesses  vaster,  deeper,  or  more 
secure  ports  for  commerce  than  the  Americans. 

The  inhabitants  of  the  United  States  constitute  a  great 
civilized  people,  which  fortune  baa  placed  in  the  midst  of 
an  uncultivated  country,  at  a  distance  of  three  thousand 
miles  from  the  central  point  of  civilization.  America  con- 
sequently stands  in  daily  need  of  Europe.  The  Americans 
will,  no  <loubt,  ultimately  succeed  in  producing  or  manu- 
fiicturing  at  home  most  of  the  articles  which  they  require  ; 
but  the  two  continents  can  never  be  independent  of  each 
otlicr,  so  numerous  are  the  natural  ties  between  tlicir 
wants,  their  ideas,  their  babitSi  and  their  manners. 

The  Union  has  peculiar  commodities  which  have  now 
become  necessary  to  us,  as  they  cannot  be  cultivated,  or 
con  be  raised  only  at  an  enonnous  expense,  upon  the  soil 

•  It  ia  liarJly  ncccssary  lo  remind  the  American  reader  that  the  annezft- 
Hon  of  Texas,  and  the  acceiiHlon  of  Oregon  and  California  on  tho  FaciHc,  since 
<  M.  do  Tocqnovillo  wrote,  have  made  this  coaat-liuo  half  u  long  agaio.  — 
Am.  Ed. 


544  DmocBACT  in  amebica. 


of  Europe.  The  Americans  consume  only  a  small  portion 
of  this  produce,  and  they  are  willing  to  sell  us  the  rest. 
Europe  ii  therefore  tlie  market  of  America,  as  America  ia 
the  market  of  Europe  ;  and  maritime  commerce  is  no  less 
necessary  to  enable  the  inhabitants  of  the  United  Stales  to 
transport  their  raw  materials  to  tlic  ports  of  Europe,  than 
it  is  to  enable  ns  to  supply  them  with  our  manufactured 
produce.  The  United  States  must  therefore  either  fur- 
nish much  business  to  other  maritime  nations,  even  if  they 
should  themselves  renounce  commerce,  as  the  Spaniards  of 
Me.xico  have  hitherto  done,  or  they  must  become  one  of 
tlie  first  maritime  powers  of  the  globe. 

Tbe  Anglo-AmL'ricans  have  always  displayed  a  decided 
taste  for  the  sea.  The  Declaration  of  Independence,  by 
breaking  the  commercial  bonds  which  united  them  to  Eng- 
land, gave  a  fresh  and  powerful  stimulus  to  thoJr  maritime 
genius.  Ever  since  that  time,  the  shipping  of  the  Union 
has  increased  almost  as  rapidly  as  the  number  of  its  inhab- 
itants. The  Americans  themselves  now  transport  to  their 
own  shores  nine  tenths  of  the  European  produce  which 
they  consume.  And  they  also  bring  three  quaiters  of  the 
exports  of  the  New  World  to  the  European  consumer. 
The  ships  of  the  United  States  fill  the  docks  of  Ha\Te 
and  of  Liverpool,  whilst  the  number  of  English  and 
French  vessels  at  New  York  is  comparatively  small. 

Thus,  not  only  does  the  American  merchant  brave  com- 
petition on  his  oivn  ground,  but  even  successfiilly  snpporti 
that  of  foreign  nations  in  their  own  ports.  This  is  readily 
exjilained  by  the  fact,  that  the  vessels  of  the  United  States 
cross  the  seas  at  a  che;iper  rate.  Aa  long  as  the  mercantile 
shipping  of  the  United  States  preserves  this  superiority, 
it  will  not  only  retain  what  it  has  acquired,  but  will  con- 
stantly increase  in  prosperity. 

It  is  difEcuIt  to  say  for  what  reason  the  Americans  can 
navigate  at  a  lower  rate  Ùian.  où^et  Tva^o^ia  \  one  is  at  first 


COMMERCIAL  PROSPERITY   OF   THE  UNITED  STATES.    646 

led  to  attribute  this  superiority  to  the  physical  advantages 
which  nature  gives  them  ;  but  it  is  not  so.  The  American 
vessels  cost  almost  as  much  to  build  as  our  own  ;  *  they  are 
not  better  built,  and  they  generally  last  a  shorter  time.  The 
pay  of  the  American  sailor  Ls  more  considerable  than  the 
pay  on  board  European  ships,  which  is  proved  by  the  great 
number  of  Europeans  who  are  to  be  found  in  the  merchant- 
vessels  of  the  United  States.  How  happens  it,  then,  that 
the  Americans  sail  their  vessels  at  a  cheaper  rate  tlian  we 
can  ours  ?  I  am  of  opinion,  that  the  true  cause  of  their 
superiority  must  not  be  sought  for  in  physical  advantages, 
but  that  it  is  wholly  attributable  to  moral  and  intellectual 
qualities. 

The  following  comparison  will  illustrate  my  meaning. 
During  the  campaigns  of  the  Revolution,  the  French 
introduced  a  new  system  of  tactics  into  the  art  of  war, 
which  perplexed  the  oldest  generals,  and  very  nearly  de- 
stroyed the  most  ancient  monarchies  of  Europe.  They 
first  undertook  to  make  shift  without  a  number  of  things 
which  had  always  been  held  to  be  indispensable  in  warfare  ; 
they  required  novel  exertions  of  their  troops,  which  no 
civilized  nations  had  ever  thought  of;  they  achieved  great 
actions  in  an  incredibly  short  time,  and  risked  human  life 
without  hesitation  to  obtain  the  object  in  view.  The 
French  had  less  money  and  fewer  men  than  their  ene- 
mies ;  their  resources  were  infinitely  inferior  ;  neverthe- 
less, they  were  constantly  victorious,  until  their  adversaries 
chose  to  imitate  their  example. 

The  Americans  have  introduced  a  similar  system  into 
commerce,  —  they  do  for  cheapness  what  the  French  did 
for  conquest.  The  European  sailor  navigates  with  pru- 
dence ;  he  sets  sail  only  when  the  weather  is  favorable  ; 
if  an  unforeseen  accident  befalls  him,  he  puts  into  port  ;  at 

*  Materials  are,  generally  speaking,  less  expensive  in  America  than  in 

Europe,  bat  the  price  of  labor  is  much  higher. 

w 


546  DEMOGRACT  IN  AHEBICA. 

night,  hè  furls  a  portion  of  his  canvas  ;  and  when  £he 
whitening  billows  intimate  the  vicinity  of  land,  he  checks 
his  course,  and  takes  an  observation  of  the  sun.  The 
American  n^lects  these  precautions,  and  braves  these  dan- 
gers. He  weighs  anchor  before  the  tempest  is  over;  by 
night  and  by  day  he  spreads  his  sheets  to  the  wind  ;  1^3 
repairs  as  he  goes  along  such  damage  as  his  vessel  may 
have  sustained  from  the  storm;  and  when  he  at  last 
approaches  the  term  of  his  voyage,  he  darts  onward  to 
the  shore  as  if  he  already  descried  a  port.  The  Ameri- 
cans are  often  shipwrecked,  but  no  trader  crosses  the  seas 
BO  rapidly.  And,  as  they  perform  the  same  distance  in 
a  shorter  time,  they  can  perform  it  at  a  cheaper  rate. 

The  European  navigator  touches  at  different  ports  in  the 
course  of  a  long  voyage  ;  he  loses  precious  time  in  making 
the  harbor,  or  in  waiting  for  a  favorable  wind  to  leave  it  ; 
and  he  pays  daily  dues  to  be  allowed  to  remain  there. 
The  American  starts  from  Boston  to  purchase  tea  in 
China  :  he  arrives  at  Canton,  stays  there  a  few  days,  and 
then  returns.  In  less  than  two  yeare,  he  has  sailed  as  far 
as  the  entire  circumference  of  the  globe,  and  has  seen  land 
but  once.  It  is  true  that,  during  a  voyage  of  eight  or  ten 
months,  he  has  dinmk  brackish  water,  and  lived  upon  salt 
meat  ;  that  he  has  been  in  a  continual  contest  with  the  sea, 
with  disease,  and  with  weariness  ;  but,  upon  his  return,  he 
can  sell  a  pound  of  his  tea  for  a  half-penny  less  than  tlie 
English  merchant,  and  his  purpose  is  accomplished. 

I  cannot  better  explain  my  meaning,  than  by  saying  that 
the  Americans  show  a  sort  of  heroism  in  their  manner  of 
trading.  The  European  merchant  will  always  find  it  dif- 
ficult to  imitate  his  American  competitor,  who,  in  adopting 
the  system  which  I  have  just  described,  does  not  follow 
calculation,  but  an  impulse  of  his  nature. 

The  inhabitants  of  the  United  States  experience  all  the 
wants  and  all  the  desires  wliich  result  fi:om  an  advanced 


COMMEECIAL  PBOSPEEirr   OF  THE   UNITED   STATES.    647 

civilization  ;  and  as  they  are  not  surrounded,  as  in  Europe, 
by  a  community  skilfully  organized  to  satisfy  them,  they 
are  often  obliged  to  procure  for  themselves  the  various  arti- 
cles which  education  and  habit  have  rendered  necessaries. 
In  America,  it  sometimes  happens  that  the  same  person 
tUls  his  field,  builds  his  dwelling,  contrives  his  tools,  makes 
his  shoes,  and  weaves  the  coarse  ^tuff  of  which  his  dress  is 
composed.  This  is  prejudicial  to  the  excellence  of  the 
work,  but  it  powerfully  contributes  to  awaken  the  intelli- 
gence of  the  workman.  Nothing  tends  to  materialize  man, 
and  to  deprive  his  work  of  the  faintest  trace  of  mind,  more 
than  the  extreme  division  of  labor.  In  a  country  like 
America,  where  men  devoted  to  special  occupations  are 
rare,  a  long  apprenticeship  cannot  be  required  from  any 
one  who  embraces  a  profession.  The  Americans  therefore 
change  tltcir  means  of  gaining  a  livelihood  very  readily, 
and  they  suit  their  occupations  to  the  exigencies  of  the  mo- 
ment. Men  are  to  be  met  with  who  have  successively  been 
Uwyers,  ^rmers,  merchants,  ministers  of  the  Gospel,  and 
physicians.  If  the  American  be  less  perfect  in  each  craft 
than  tlie  European,  at  least  there  is  scarcely  any  trade  with 
■which  he  is  utterly  unacquainted.  His  capacity  is  more 
general,  and  the  circle  of  his  intelligence  is  greater. 

The  inhabitants  of  tlie  United  States  are  never  fettered 
by  the  axioms  of  tlieir  profession  ;  they  escape  from  all  the 
prejudices  of  their  present  station  ;  they  are  not  more  at- 
tached to  one  line  of  operation  than  to  another  ;  they  are 
not  more  prone  to  employ  an  old  method  than  a  new  one  ;. 
they  have  no  rooted  habits,  and  they  easily  shake  off  thft 
influence  which  the  habits  of  other  nations  might  exercise: 
upon  them,  from  a  conviction  that  their  country  is  unlike 
any  other,  and  that  its  situation  is  without  a  precedent  in 
the  world.  America  is  a  land  of  wonders,  in  which  every- 
thing is  in  constant  motion,  and  every  change  seems  an 
improvement.     The  idea  of  novelty  is  there  indissolubly 


648  DEUOCRAOT  m  AMERICA. 

connected  with  the  idea  of  amelioration.  No  natonJ 
boondaxy  seema  to  be  set  to  the  efibrts  of  man  ;  and,  in 
his  eyes,  what  is  not  jet  done  is  only  what  he  has  not  yet 
attempted  to  do. 

This  perpetual  change  which  goes  on  in  the  United 
States,  these  frequent  vicissitudes  of  fortune,  these  un- 
foreseen fluctuations  in  private  and  public  wealth,  serve 
to  keep  the  minds  of  the  people  in  a  perpetual  feverish 
agitation,  which  admirably  invigorates  their  exertions,  and 
keeps  them,  so  to  speak,  above  the  ordinary  level  of  hu- 
manity. The  whole  life  of  an  American  is  passed  like  a 
game  of  chance,  a  revolutionaiy  crisis,  or  a  battle.  As 
the  same  causes  are  continually  in  operation  throughout 
the  country,  they  ultimately  impart  an  irresistible  impulse 
to  the  national  chai'acter.  The  American,  taken  as  a 
chance  specimen  of  his  countrymen,  must  then  be  a  man 
of  singular  warmtli  in  his  desires,  enterprising,  fond  of 
adventure,  and,  above  all,  of  novelty.  The  same  bent  is 
manifest  in  all  that  he  does  :  he  introduces  it  into  his  polit- 
ical laws,  his  religious  doctrines,  his  theories  of  social  econ- 
omy, and  his  domestic  occupations  ;  he  bears  it  with  him 
in  the  depth  of  the  backwoods,  as  well  as  in  the  business 
of  the  city.  It  is  this  same  passion,  applied  to  maritime 
commerce,  which  makes  him  the  cheapest  and  tlie  quickest 
trader  in  tlie  world. 

As  long  as  the  sailors  of  the  United  States  retain  these 
mental  advantages,  and  the  practical  superiority  which  they 
derive  from  them,  they  will  not  only  continue  to  supply  the 
wants  of  the  producers  and  consumers  of  their  own  coun- 
tr}%  but  they  will  tend  more  and  more  to  become,  like  the 
English,  the  factors  of  other  nations.*     Tliis  prediction  has 

*  It  most  not  be  supposed  that  English  vessels  are  oxclosively  employed 
in  transporting  foreign  produce  into  England,  or  British  produce  to  foreign 
countries  :  at  the  present  day,  tlie  mcrcliant  shipping  of  England  may  be 
XCIgarded  in  the  light  of  a  vafit  system  of  public  conveyances,  ready  to  icrre 


COMMERCIAL  PBOSPEEITT  OF  THE  UNITED  STATES.  .MS 

•Iready  begun  to  be  realized  ;  we  perceive  that  the  Amer- 
ican traders  are  introducing  themselves  as  intermediate 
agents  in  the  commerce  of  several  European  nations  ;  *  and 
America  will  offer  a  still  wider  field  to  their  enterprise. 

The  great  colonies  which  were  founded  in  South  Amer- 
ica bj  the  S])aniards  and  the  Portuguese  have  since  become 
empires.  Civil  war  and  oppression  now  lay  waste  those 
extensive  regions.  Population  does' not  increase,  and  the 
thinly  scattered  inhabitants  are  too  much  absorbed  in  the 
cares  of  self-defence  even  to  attempt  any  amelioration  of 
their  condition.  But  it  will  not  always  be  so.  Europe 
has  succeeded  by  her  own  efforts  in  piercing  the  gloom  of 
the  Middle  Ages.  South  America  has  the  same  Christian 
laws  and  usages  as  we  have  ;  she  contains  all  the  germs  of 
civilization  which  have  grown  amidst  the  nations  of  Europe 
or  their  oifsets,  added  to  the  advantages  to  be  derived  from 
our  example  :  why,  then,  should  she  always  remain  unciv- 
ilized ?  It  is  clear  that  the  question  is  simply  one  of  time  ; 
at  some  future  period,  which  may  be  more  or  less  remote, 
the  inhabitants  of  South  America  will  form  flourishing  and 
enlightened  nations.  , 

But  when  the  Spaniards  and  Portuguese  of  South  Amer- 
ica begin  to  feel  the  wants  common  to  all  civilized  nations, 
they  will  still  be  unable  to  satisfy  those  wants  for  them- 
selves ;  as  the  youngest  children  of  civilization,  they  must 
perforce  admit  the  superiority  of  their  elder  brethren.  ■ 
They  will  be  agriculturista  long  before  they  succeed  in 
manuiàctures  or  commerce  ;  and  they  will  require  the  me- 
diation of  strangera  to  exchange  their  produce  beyond  sea^ 
for  those  articles  for  which  a  demand  will  begin  to  be  felt. 

It  is  unquestionable  that  the  Americans  of  the  North 


all  Ibe  proflarcrs  of  the  world,  and  to  open  mmmaniimtioDa  between  all  n». 
tiona.  The  maritima  genius  of  the  Amcrioni  prompts  them  to  cntei  into 
competition  with  the  Engliib. 

•  Part  of  the  commerce  of  the  UcditeRa.iw&a  i»  iiM»&j  «amsA.  «tt-M 


S50  DEMOCBACT  IN  AMERICA. 

Tfill  one  day  be  called  upon  to  supply  tlie  wanfs  of  t 
Amtricaua  of  the  South.  Nature  iias  placed  tlieni  in  con- 
tiguity, and  lias  furnished  the  former  with  every  means  of 
knowiii};  and  appreciating  those  demanda,  of  establishing 
permanent  relations  with  those  States,  and  gradually  filling 
their  markets.  The  merchant  of  the  United  States  cotJd 
only  forfeit  tliese  natural  advantages  if  he  were  very  infe- 
rior to  tlie  merchant  of  Europe  ;  but  he  is  snperior  to  liim 
ill  siîvenil  respects.  The  Americans  of  the  United  States 
already  exercise  a  great  moral  influence  upon  all  the  na- 
tions of  the  New  World.  They  are  tlie  source  of  intelli- 
gence ;  and  all  those  who  inhabit  the  same  continent  are 
already  acoustoniwi  to  consider  them  as  tlie  moit  enliixlit- 
ened,  the  most  powerful,  and  the  most  wealthy  members 
of  the  great  American  family.  All  eyes  are  therefore 
turned  towards  the  United  States  :  these  are  the  models 
which  the  other  communities  tiy  to  imitate  to  the  best  of 
their  power  ;  it  is  from  the  Union  that  they  borrow  their 
political  principles  and  their  laws. 

The  Americans  of  the  United  States  stand  in  precbely 
the  same  position  with  regard  to  the  South  Americans  as 
their  fathers,  the  English,  occupy  with  regard  to  the  Ital- 
ians, the  Spaniards,  the  Portuguese,  and  all  those  nations 
of  Europe  which  receive  their  articles  of  daily  consump- 
tion from  England,  because  they  are  less  advanced  in  civil- 
ization and  trade.  England  is  at  this  time  tlie  natural 
emporium  of  almost  all  the  nations  which  are  within  its 
reach  ;  the  American  Union  will  perform  the  same  part 
in  the  other  hemisphere  ;  and  every  community  which  is 
founded  or  which  prospers  in  the  New  World,  is  founded 
and  prospers  to  the  advantage  of  tlie  Anglo-Americans. 

If  the  Union  were  to  be  dissolved,  the  commerce  of 
fhe  States  which  now  compose  it  would  undoubtedly  be 
checked  for  a  time -,  Wt  \«&?,  ^otv  tiae  would  tliink.  It  is 
endent  that,  whatever  roa-^  \\a.ç^"£v,'i\ii  liOTMaK-ti»^  %\asj«i 


FUTURE  PROSPECTS   OF  THE   UMITED  STATES.  651 

wûl  remain  united.  They  are  contigiious,  they  hare  the 
same  opinions,  int£rests,  and  manners  ;  and  they  alone 
form  a  great  maritime  power.  Even  if  the  South  of  the 
Union  were  to  become  independent  of  the  North,  it  would 
(till  require  the  services  of  those  States.  I  have  already 
observed  tliat  the  South  is  not  a  commercial  country,  and 
nothing  indicates  that  it  will  become  so.  The  Americans 
of  the  South  of  the  United  States  will  therefore  long  be 
obliged  to  have  recourse  to  strangers  to  export  their  pro- 
duce, and  supply  them  with  the  cocmiodities  which  satisfy 
their  wants.  But  the  Northern  States  are  undoubtedly 
able  to  act  as  their  intermediate  agents  cheaper  than  any 
other  merchants.  They  will  therefore  retain  that  employ- 
ment, for  cheapness  is  the  sovereign  law  of  commerce. 
Sovereign  will  and  national  prejudices  cannot  long  resist 
the  influence  of  cheapness.  Nothing  can  be  more  virulent 
than  the  hatred  which  exists  between  the  Americans  of  the 
United  States  and  the  English.  But  in  spite  of  these 
hostile  feelings,  the  Americans  derive  most  of  their  manu- 
factured commodities  from  England,  because  England  sup- 
plies them  at  a  cheaper  rate  than  any  other  nation.  Thus 
the  increasing  prosperity  of  America  turns,  notwithstand- 
ing the  grudge  of  the  Americans,  to  the  ad^'antage  of 
British  manufactures. 

Reason  and  experience  prove  that  no  commercial  pros- 
perity can  be  durable  if  it  cannot  be  united,  in  case  of 
need,  to  naval  force.  This  truth  is  as  well  understood  in 
the  United  States  as  anywhere  else:  the  Americans  are 
already  able  to  make  tlieir  flag  respected  ;  in  a  few  years 
they  will  make  it  feared.  I  am  convinced  that  the  dis- 
memberment of  the  Union  would  not  have  the  effect  of 
diminishing  the  naval  power  (rf  the  Americans,  but  would 
poweriidly   contribute   to  increase  it,*     At   present,  the 

*  This  propWj  hu  alreadj  been  fulfilled  in  a  remuVisJile  nvu\T«x  V) 
Ae  gnat  itmggh  which  ia  now  going  on  beWQMi  Ùie  'SotÙi  woà.  ■Coa  ï^swà». 


552  DENOCSACT  HI  AMEBICl- 

commercul  States  are  connected  with  oibers  n-liich  are 
not  commercial,  and  which  unwillingly  behold  ihe  increaw 
of  ft  maritime  powor  by  which  Uicy  am  only  iudirecily 
benefiteti,  If^  on  the  contrary,  th«  commercial  States  of 
the  Union  formed  one  and  the  same  nation,  comtnoTce 
would  become  tho  foremost  of  their  national  interests  ; 
they  vroiild  consequently  be  wiUJng  to  make  great  sacri- 
fices to  ]>n>tect  their  shipping,  and  notliing  would  prevent 
them  from  pursuing  tlieir  desires  upon  tliîs  |x»nt. 

Nations,  as  well  as  men,  aliuost  always  betray  the  praii>- 
inent  features  of  their  Jiiture  destiny  in  their  earliest  years. 
When  I  contemplate  the  ardor  witli  which  tlie  Anglo- 
Americans  prosecute  commerce,  the  ad\antages  which  aid 
them,  and  the  success  of  their  undcrtiikings,  I  cannot  help 
believing  that  they  will  one  day  become  the  first  maritime 
power  of  the  globe.  They  are  bom  to  rule  the  seas,  as 
^j^^the  Romans  were  to  conquer  the  world. 


CONCLUSIOH. 

I  AH  approaching  the  close  of  my  inquiry  :  hitherto,  in 
(peaking  of  the  future  destiny  of  the  United  States,  I  have 
endeavored  to  divide  my  subject  into  distinct  portions,  in 
order  to  study  each  of  them  with  more  attention.  My 
present  object  is  to  embrace  the  whole  from  one  point  of 
view  ;  the  remarks  I  shall  make  will  be  less  detailed,  but 
they  will  be  more  sure.  I  shall  perceive  each  object  less 
distinctly,  but  I  shall  descry  the  principal  focts  with  more 
certainty.  A  traveller,  who  has  just  left  a  vast  city,  chmbs 
,the  neighboring  hill;  as  he  goes  fiirther  olf,  he  loses  »glit 
of  the  men  whom  he  has  just  quitted  ;  their  dwellings  are 
conned  in  a  dense  mass  ;  he  can  no  longer  distinguish 
the  public  squares,  and  can  scarcely  trace  out  the  great 
thoroughfares  ;  but  his  eye  has  less  difficulty  in  following 


FUTURE  PROSPECTS   OP  THE  UNITED   STATES,  &5S 

die  boundaries  of  the  city,  and  for  the  first  time  he  seei 
the  shape  of  the  whole.  Such  is  the  fîiture  destiny  of  the 
British  race  in  North  America  to  my  eye  ;  the  details  of 
the  immense  picture  are  lost  in  the  shade,  but  I  conccivo 
a  clear  idea  of  the  entire  subject. 

The  territory  now  occupied  or  possessed  by  the  United 
States  of  America  forms  about  one  twentieth  part  of  the 
habitable  earth.  But  extensive  as  these  bounds  are,  it 
must  not  be  supposed  that  the  Anglo-American  race  will 
always  remain  within  them  ;  indeed,  it  has  already  gone 
far  beyond  them. 

There  was  a  time  when  we  also  might  have  created  a 
great  French  nation  in  the  American  wilds,  to  countei^ 
balance  the  influence  of  the  English  upon  the  destinies  of 
the  New  World.  France  forraeriy  possessed  a  territory  in 
North  America  scarcely  less  extensive  than  the  whole  of 
Europe.  The  three  greatest  rivers  of  that  continent  then 
flowed  within  her  dominions.  The  Indian  tribes  which 
dwelt  between  the  mouth  of  the  St.  Lawrence  and  the 
delta  of  the  Mississippi  were  unaccustomed  to  any  other 
tongue  than  ours  ;  and  all  the  European  settlements  sca^ 
tered  over  that  immense  re^on  recalled  the  traditions  of 
our  country.  Lonisburg,  Montmorency,  Duquesne,  Saint- 
Iionis,  Vincennes,  New  Orleans,  (for  such  were  the  names 
they  bore,)  are  words  dear  to  France  and  familiar  to  our 
ears. 

But  a  course  of  circumstances,  which  it  would  be  tedious 
to  enumerate,*  have  deprived  us  of  this  magnificent  inher- 
itance. Wherever  the  French  settlers  were  numerically 
weak  and   partially  established,   they  have  disappeared  : 

*  The  roremoat  of  th«M  cinjumstances  is,  that  natioiu  vhirh  arc  accni- 
tomed  to  townahip  initllattoiui  u>A  mamcipal  govemmcnt  arc  better  tbls 
tbsn  way  others  to  foond  prospérons  colomea.  The  habit  of  thioking  tad 
^reming  for  ono'a  «elf  ù  indùpenuble  in  a  new  mnntrj,  where  soccen  no- 
aaaiilj  depends  in  b  gte«t  meagnre  upon  the  indlTidiud  e 
fcttoi. 


554  DEM(X-RACT    IS   AMEBICA. 

ttose  who  remain  arc  collecte!  on  a  «mall  extent  of  cotm* 
try,  and  are  now  subject  to  otii«r  laws.  Tlie  400,000 
Freuch  inhabitants  of  Lower  Canada  constitute  at  the 
present  time  tJie  remnant  of  an  old  nation  lost  in  the 
mid^t  of  a  new  people,  A  foreign  popnlation  is  increas- 
ing around  them  unceasingly  and  on  all  sides,  who  already 
penetrate  amongst  the  former  masters  of  the  conntiy,  pre- 
dominate in  their  cities,  and  corrupt  their  language.  This 
population  is  identical  with  tliat  of  the  United  States  ;  it 
is  therefore  with  truth  that  I  asserted  that  the  British  rac« 
Is  not  confined  within  the  frontiers  of  the  Union,  since  it 
already  extends  to  the  northe«st, 

To  tlie  norlhwtst,  nothing  U  to  he  met  with  hut  a  few 
insignificant  Russian  settlements  ;  but  to  the  southwest, 
Mexico  presents  a  barrier  to  the  Anglo-Americans.  Thus, 
the  Spaniards  and  the  Anglo-Americans  are,  properly 
speaking,  the  two  races  which  diinde  tlie  possession  of  the 
New  World.  The  fimits  of  separation  between  them  have 
been  settled  by  treaty  ;  but  although  the  conditions  of  that 
treaty  are  favorable  to  the  Anglo-Americans,  I  do  not 
doubt  that  they  will  shortly  infringe  it.  Vast  provinces, 
extending  beyond  the  frontiers  of  the  Union  towards  Mex- 
ico, are  still  destitute  of  inhabitants.  The  natives  of  the 
United  States  will  people  these  solitary  regions  before  their 
rightful  occupants.  They  will  take  possession  of  the  soil, 
and  establish  social  institutions,  so  that,  when  the  legal 
owner  at  length  arrives,  lie  will  find  the  wOderness  under 
cultivation,  and  strangers  quietly  settled  in  the  midst  of 
his  inheritance. 

The  lands  of  the  New  World  belong  to  the  first  occu- 
pant ;  they  are  the  natural  reward  of  the  swiftest  pioneer. 
Even  the  countries  which  are  already  peopled  will  have 
some  difficulty  in  securing  themselves  from  this  invasion, 
I  have  already  alluded  to  what  is  taking  place  in  the  prov- 
ince  of  Texas.    T\ve  mWUtaata  of  the  United  States  are 


rOTiniE  PSOSFECTS   OP  THE  DNTTED   STATES.  555 

perpetnallj  migrating  to  Texas,  where  they  purchase  land  ; 
and  although  tliey  conform  to  the  laws  of  the  country,  they 
are  gradually  founding  the  empire  of  tlieir  own  language 
and  tlieir  own  manners."  The  province  of  Texas  is  still 
part  of  the  Mexican  dominions,  but  it  will  soon  contain 
no  Mexicans  ;  the  same  thing  has  occunred  wherever  the 
Anglo-Americans  have  come  in  contact  with  a  people  of  a 
different  origin. 

It  cannot  be  denied  that  the  British  race  has  acquired  an 
amazing  prepondtirance  over  all  other  European  races  in 
the  New  World  ;  and  it  is  very  superior  to  them  in  civil- 
ization, industry,  and  power.  As  long  as  it  is  surrounded 
only  by  desert  or  thinly-peopled  countries,  as  long  as  it 
encounters  no  dense  population  upon  its  route,  through 
which  it  cannot  work  its  way,  it  will  assuredly  continue  to 
spread.  The  lines  marked  out  by  treaties  will  not  stop  it  ; 
but  it  will  everywhere  overleap  these  imaginary  barriers. 

The  geographical  position  of  the  British  race  in  the  New 
World  is  peculiariy  favorable  to  its  rapid  increase.  Above 
its  northern  frontiers  the  icy  regions  of  the  Pole  extend  ; 
and  a  few  degrees  below  its  southern  confines  lies  the  burn- 
ing climate  of  the  Equator.  The  Anglo-Americans  are 
therefore  placed  in  the  most  temperate  and  habitable  zone 
of  the  continent. 

It  is  generally  supposed  that  the  prodigious  increase  of 
population  in  the  United  States  is  posterior  to  their  Decla- 
ration of  Independence.  But  this  is  an  eiTor:  the  popu- 
lation increased  as  rapidly  under  the  colonial  system  as  at 
the  present  day  ;  that  is  to  say,  it  doubled  in  about  twenty- 
two  years.  But  this  proportion,  which  is  now  applied  to 
millions,  was  then  applied  to  thousands,  of  inhabitants  ; 
and  the  same  fact,  which  was  scarcely  noticeable  a  century 
ago,  is  now  evident  to  every  observer. 

*  In  lisB  ilian  ten  jcan  after  De  TocqueriUe  mote,  Uio  konezatioii  «f 
Texu  fUUllIcd  thii  prophecy.  — An.  Ed. 


650  DEMOCRACY  JS   AMEiaCA. 

The  English  in  Canada,  wlio  are  dependent  on  a  feinj 
tugmenl  and  spread  almost  as  ra^iidly  as  tlie  BriliHh  suttlci» 
of  the  United  States,  who  live  under  a  rt-imblican  govom- 
ment.  Daring  the  war  of  Independence,  which  lotted 
eight  years,  the  population  continued  to  increase  ivithoat 
interniUsion  in  the  same  ratio.  Although  powerful  Indian 
nations  allied  with  the  Kngli&h  existed,  at  that  ùm?,  upon 
the  western  frontiers,  the  emigration  westward  was  never 
cliecketl.  Whilst  the  enemy  laid  waste  the  shores  of  the 
Atlantic,  Kentucky,  the  western  parta  of  Pennsylvania, 
and  the  States  of  Vermont  and  of-  Maine,  were  filling  with 
inhaljilarits.  Nor  did  ihe  unsettled  state  of  things  wliich 
succi'wii.'d  tlio  w:ir  pn/vuiit  thi?  ini.TL'a^c  of  tin-  ]iû]julMlion, 
or  stop  its  progress  across  the  wilds.  Thus,  tlie  difference 
of  laws,  the  various  conditions  of  peace  and  war,  of  order 
or  anarchy,  have  exercised  no  perceptible  influence  upon 
the  continued  development  of  the  Anglo-Americans.  This 
may  be  readily  understood,  for  no  causes  are  sufficiently 
general  to  exercise  a  simultaneons  inâncnce  over  the  whole 
of 'so  extensive  a  territory.  One  portion  of  the  country 
always  offers  a  sure  retreat  from  the  calamities  which  oJSict 
another  part  ;  and  however  great  may  be  the  evil,  the 
remedy  which  is  at  hand  is  greater  still. 

It  must  not,  then,  he  imagined  that  the  impulse  of  the 
British  race  in  the  New  World  can  be  arrested.  The  dis- 
memberment of  the  Union,  and  the  hostilities  which  might 
ensue,  the  abolition  of  ropnblican  institutions,  and  the  ty- 
rannical government  which  might  succeed,  may  retard  this 
impulse,  but  they  cannot  prevent  the  people  from  ultimately 
fiilfilling  their  destinies.  No  power  upon  earth  can  shut 
out  the  emigrants  from  that  fertile  wilderness  wliich  offers 
resources  to  all  industry,  and  a  refuge  from  all  want.  Fu- 
ture events,  whatever  they  may  be,  will  not  deprive  the 
Americans  of  their  clhnate  or  their  inland  seas,  their  great 
rivers  or  their  exu\)erant  soil.     Nor  will  had  laws,  revo- 


FUTLT.E  I'ROSPECTS  OF  THE  UBITED  STATES.  557 

auai'cliy  he  able  to  obliterate  that  love  of 
1  spiiit  of  enterprbe  which  seem  to  be  the 
Kstinctive  characteristics  of  their  race,  or  extinguish  at 
'  B  knowledge  which  guides  them  on  their  way. 
e  midst  of  the  uncertain  future,  one  event  at 
3  sure.  At  a  period  which  may  be .  said  to  be  near, 
e  speaking  of  the  life  of  a  nation, — the  Anglo- 
Americans  alone  will  cover  the  immense  space  contained 
between  the  {xttar  regions  and  tlie  tropics,  extending  from 
the  coasts  of  the  Atlantic  to  tliose  of  the  Pacific  Ocean. 
The  territory  wliich  will  probably  be  occupied  by  the 
Anglo-Americans  may  perhaps  equal  three  quarters  of 
Europe  in  extent.  The  climate  of  the  Union  is,  upon  tlie 
whole,  preferable  to  that  of  Europe,  and  its  natural  advan- 
tages are  as  great  ;  it  is  therefore  evident  that  its  population 
will  at  some  future  time  be  proportionate  to  our  own.  En- 
rope,  divided  as  it  is  between  so  many  nations,  and  torn  as 
it  has  been  by  incessant  wars  growing  out  of  the  barbarous 
manners  of  the  Middle  Ages,  has  yet  attained  a  population 
of  410  inhabitants  to  the  square  league.  What  cause  can 
prevent  the  United  States  &om  having  as  numerous  a  pop- 
ulation in  time? 

Many  ages  must  elapse  before  the  different  ofïsets  of 
the  British  race  in  America  will  cease  to  present  the  same 
physiognomy  j  and  the  time  cannot  be  foreseen  at  which  a 
permanent  inequality  of  condition  can  be  established  in  the 
New  Wortd.  Whatever  differences  may  arise,  from  peace 
or  war,  freedom  or  oppression,  prosperity  or  want,  between 
the  destinies  of  the  different  descendants  of  the  great  An- 
glo-American family,  they  will  all  preserve  at  least  a  simi- 
lar social  condition,  and  will  hold  in  common  the  customs 
and  opinions  to  which  tliat  social  condition  has  given  birth. 
In  the  Middle  Ages,  the  tie  of  reh'gion  was  sufficiently 
powerful  to  nnite  all  the  diffèrent  populations  of  Europe 
in  the  same  civilization.     The  British  of  the  New  World 


668  DEHOGSACfT  IN  AllEBIOA. 

have  a  thousand  otiher  reciprocal  tiei;  and  they  live  at 
a  time  when  the  tendenqr  to  equality  is  general  amongst 
mankind.    The  Middle  Ages  were  a  period  when  eyeij- 
thing  was  broken  up,  —  when  each  people,  each  province, 
each  city,  and  each  fiunilj  traded  strongly  to  maintain  its 
distinct  individuality.    At  the  present  time,  an  opposite 
tendency  seems  to  prevail,  and  the  nations  seem  to  be  ad- 
vancing to  unity.    Our  means  of  inteUectual  intercourse 
unite  the  remotest  parts  of  the  earth  ;  and  men  cannot 
remain  strangers  to  each  other,  or  be  ignorant  of  what  is 
taking  place  in  any  comer  of  the  globe.     The  consequence 
is,  that  there  is  less  difference  at  the  present  day  between 
the  Europeans  and  their  descendants  in  the  New  World, 
in  spite  of  the  ocean  which  divides  them,  than  there  was 
between  certain  towns  in  the  thirteenth  cetitury,  which 
were  separated  only  by  a  river.     If  this  tendency  to  as- 
similation brings  foreign  nations  closer  to  each  otiier,  it 
must  a  fortiori  prevent  the  descendants  of  the  same  peo- 
*    f  pie  from  becoming  aliens  to  each  other. 
■^       The  time  will  therefore  come,  when  one  hundred  and 
y' fifty  millions  of  men  will  be  living  in  Nordi  America,* 
y        equal  in  condition,  all  belonging  to  one  family^  owing  their 
*ï         nrîjTÎn  to  the  same  cause,  and  preserving  tlie  same  civiliza- 
tion, die  same  language,  the  same  religion,  the  same  liabits. 
the  same  manners,  and  imbued^  with  the  same^fi{û&iûQ& 
'^     propagated  under  the  same  forms.     The  rest  is  uncertain, 
but  this  is  certain  ;  and  it  is  a  fact  new  to  the  world,  —  a 
.-    ■  fiict  which  the  imagination  strives  in  vain  to  grasp. 

There  are  at  the  present  time  two  great  nations  in  the 
world,  which  started  from  different  points,  but  seem  to  tend 
towards  the  same  end.  I  allude  to  the  Russians  and  the 
Americans.     Both   of  them  have  grown   up  unnoticed  ; 

*  This  would  be  a  population  proportionate  to  that  of  £arope,  taken  at  a 
mean  rate  of  410  inhabitaata  to  the  square  league. 


FUTUBE  PBOSPECTS  07  THE  DSITED  STATES. 


559 


and  whilst  the  attention  of  mankind  was  directed  else- 
where, they  have  suddenly  placed  themselves  in  the  &ont 
rank  among  the  nations,  and  the  world  learned  their  esiab- 
ence  and  their  greatness  at  almost  the  same  dme. 

All  other  nations  seem  to  have  nearly  reached  their  naU 
ural  limits,  and  they  have  only  to  maintain  their  power  ; 
but  these  are  still  in  the  act  of.  growth.*  All  the  others 
have  stopped,  or  continue  to  advance  with  extreme  diffi- 
culty ;  these  alone  are  proceeding  with  ease  and  celerity 
along  a  path  to  which  no  limit  can  be  perceived.  The 
American  struggles  against  the  obstacles  which  nature  op- 
poses to  him;  the  adversaries  of  the  Russian  are  men. 
The  former  combats  the  wilderness  and  savage  life  ;  the 
latter,  civihzation  with  all  its  arms.  The  conquests  of  the 
American  are  therefore  gained  by  the  ploughshare  ;  those 
of  the  Russian  by  the  sword.  The  Anglo-American  re- 
lies upon  personal  interest  to  accomplish  his  ends,  and  gives 
free  scope  to  the  unguided  strength  and  common  sense  of 
Jie  people  ;  the  Russian  centres  all  the  authority  of  society 
in  a  single  arm.  The  principal  instrument  of  the  former 
is  freedom  ;  of  the  latter,  servitude.  Their  starting-point 
is  different,  and  their  courses  are  not  the  same  ;  yet  each 
of  them  seems  marked  out  by  the  will  of  Heaven  to  sway 
the  destinies  of  half  the  globe. 


V  mote  i^idl;  thui  that  of  anj  othn 


END  OF  VOLUME  L 


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